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, 47043-47045 [2010-19221]

Download as PDF Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Notices Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–CBOE–2010–070 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–CBOE–2010–070. 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 CBOE. 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–CBOE–2010–070 and should be submitted on or before August 25, 2010. mstockstill on DSKH9S0YB1PROD with NOTICES Nat’l ranking 199 205 224 226 232 ........... ........... ........... ........... ........... [FR Doc. 2010–19222 Filed 8–3–10; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62595; File No. SR–BATS– 2010–019] 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 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 26, 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 and II 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. 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 August 2, 2010. The Exchange is not proposing to amend any rule text, but simply administering or enforcing an existing rule.3 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. Nat’l ranking Symbol Security name MBI .......... MA ........... ATPG ...... YUM ........ RCL ......... MBIA Inc ....................................................... Mastercard Inc .............................................. ATP Oil & Gas Corp/United States .............. Yum! Brands Inc ........................................... Royal Caribbean Cruises Ltd ....................... 9 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 16:26 Aug 03, 2010 316 320 322 323 324 CB ADM HSY TXT GGP Rule 21.5 regarding the Penny Pilot. Securities Exchange Act Release No. 61097 (December 2, 2009), 74 FR 64788 (December 8, 4 See Jkt 220001 PO 00000 Frm 00145 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 Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant 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 August 2, 2010. In the Exchange’s filing to adopt rules to govern BATS Options,4 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 August 2, 2010, based on ADVs for the six months ending June 30, 2010. Symbol .......... .......... .......... .......... .......... 3 See 1 15 VerDate Mar<15>2010 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Florence E. Harmon, Deputy Secretary. 47043 Security name Chubb Corp Archer-Daniels-Midland Co Hershey Co/The Textron Inc General Growth Properties Inc 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). E:\FR\FM\04AUN1.SGM 04AUN1 47044 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Notices Nat’l ranking Symbol Security name Nat’l ranking 238 ........... 248 ........... 252 ........... BPOP ...... EK ........... CNX ......... Popular Inc ................................................... Eastman Kodak Co ...................................... Consol Energy Inc ........................................ 325 .......... 326 .......... 327 .......... NOV TWX XOP 260 274 277 278 280 282 ........... ........... ........... ........... ........... ........... DCTH ...... MTG ........ PXP ......... GPS ......... TSL .......... EWW ....... 328 329 330 331 332 335 .......... .......... .......... .......... .......... .......... MYL TSO CI ESI NKE FIS 283 286 287 288 290 291 292 293 294 ........... ........... ........... ........... ........... ........... ........... ........... ........... CRM ........ SWN ........ HBAN ...... EOG ........ APA ......... VVUS ...... JDSU ....... ACI .......... NE ........... Delcath Systems Inc .................................... MGIC Investment Corp ................................ Plains Exploration & Production Co ............. 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 2. Statutory Basis mstockstill on DSKH9S0YB1PROD with NOTICES The Exchange believes that its proposal is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange, and, in particular, with the requirements of Section 6(b) of the Act.5 In particular, the Exchange believes that the proposal is consistent with Section 6(b)(5) of the Act,6 because it would promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system, by identifying 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 Exchange does not believe that the proposed rule change imposes any burden on competition. 5 15 6 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). VerDate Mar<15>2010 16:26 Aug 03, 2010 C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Pursuant to Section 19(b)(3)(A)(i) of the Act 7 and paragraph (f)(1) of Rule 19b–4 thereunder,8 the Exchange has designated this proposal as one constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule. 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, 7 15 8 17 Jkt 220001 Symbol PO 00000 U.S.C. 78s(b)(3)(A)(i). CFR 240.19b–4(f)(1). Frm 00146 Fmt 4703 Sfmt 4703 Security name National Oilwell Varco Inc Time Warner Inc SPDR S&P Oil & Gas Exploration & Production ETF Mylan Inc/PA Tesoro Corp CIGNA Corp ITT Educational Services Inc NIKE Inc Fidelity National Information Services Inc 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 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 proposal 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 No. SR–BATS–2010–019 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 No. SR–BATS–2010–019. This file number should be included on the subject line if e-mail is used. To help the E:\FR\FM\04AUN1.SGM 04AUN1 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Notices 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 will also 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–BATS– 2010–019 and should be submitted on or before August 25, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–19221 Filed 8–3–10; 8:45 am] BILLING CODE 8010–01–P [Release No. 34–62585; File No. SR– NYSEArca–2010–68] mstockstill on DSKH9S0YB1PROD with NOTICES July 28, 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 July 14, 2010, NYSE Arca, Inc. (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 3 17 CFR 240.19b–4. VerDate Mar<15>2010 16:26 Aug 03, 2010 Jkt 220001 The Exchange proposes to list and trade the shares of the following fund of the PIMCO ETF Trust (the ‘‘Trust’’) under NYSE Arca Equities Rule 8.600 (Managed Fund Shares): PIMCO Build America Bond Strategy Fund (the ‘‘Fund’’). The shares of the Fund are collectively referred to herein as the ‘‘Shares.’’ The text of the proposed rule change is available at the Exchange, the Commission’s Public Reference Room, and https://www.nyse.com. 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. 1. Purpose Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by NYSE Arca, Inc. Regarding Listing and Trading of the PIMCO Build America Bond Strategy Fund 1 15 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change SECURITIES AND EXCHANGE COMMISSION 9 17 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. The Exchange proposes to list and trade the Shares of the Fund under NYSE Arca Equities Rule 8.600, which governs the listing and trading of Managed Fund Shares on the Exchange.4 The Fund will be an actively managed exchange traded fund. The Shares will be offered by the Trust, which is a Delaware statutory trust. The 4 The Commission previously approved listing and trading on the Exchange of actively managed funds under Rule 8.600. See, e.g., Securities Exchange Act Release Nos. 57801 (May 8, 2008), 73 FR 27878 (May 14, 2008) (SR–NYSEArca–2008–31) (order approving Exchange listing and trading of twelve actively-managed funds of the WisdomTree Trust); 60981 (November 10, 2009), 74 FR 59594 (November 18, 2009) (SR–NYSEArca–2009–79) (order approving listing of five fixed income funds of the PIMCO ETF Trust). PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 47045 Trust is registered with the Commission as an investment company.5 Description of the Shares and the Fund Pacific Investment Management Company LLC (‘‘PIMCO’’) is the investment adviser (‘‘Adviser’’) to each Fund.6 State Street Bank & Trust Co. is the custodian and transfer agent for the Fund. The Trust’s Distributor is Allianz Global Investors Distributors LLC (the ‘‘Distributor’’), an indirect subsidiary of Allianz Global Investors of America L.P. (‘‘AGI’’), PIMCO’s parent company. The Distributor is a registered brokerdealer.7 Commentary .06 to Rule 8.600 provides that, if the investment adviser to the Investment Company issuing 5 See Registration Statement on Amendment No. 15 to Form N–1A for the Trust filed with the Securities and Exchange Commission on March 10, 2010 (File Nos. 333–155395 and 811–22250) (the ‘‘Registration Statement’’). The descriptions of the Fund and the Shares contained herein are based on information in the Registration Statement. 6 The Exchange represents that the Adviser, as the investment adviser of the Fund, and its related personnel, are subject to Investment Advisers Act Rule 204A–1. This Rule specifically requires the adoption of a code of ethics by an investment advisor to include, at a minimum: (i) Standards of business conduct that reflect the firm’s/personnel fiduciary obligations; (ii) provisions requiring supervised persons to comply with applicable federal securities laws; (iii) provisions that require all access persons to report, and the firm to review, their personal securities transactions and holdings periodically as specifically set forth in Rule 204A– 1; (iv) provisions requiring supervised persons to report any violations of the code of ethics promptly to the chief compliance officer (‘‘CCO’’) or, provided the CCO also receives reports of all violations, to other persons designated in the code of ethics; and (v) provisions requiring the investment advisor to provide each of the supervised persons with a copy of the code of ethics with an acknowledgement by said supervised persons. In addition, Rule 206(4)– 7 under the Advisers Act makes it unlawful for an investment advisor to provide investment advice to clients unless such investment advisor has (i) adopted and implemented written policies and procedures reasonably designed to prevent violation, by the investment advisor and its supervised persons, of the Advisers Act and the Commission rules adopted thereunder; (ii) implemented, at a minimum, an annual review regarding the adequacy of the policies and procedures established pursuant to subparagraph (i) above and the effectiveness of their implementation; and (iii) designated an individual (who is a supervised person) responsible for administering the policies and procedures adopted under subparagraph (i) above. 7 The Fund has received an order granting certain exemptive relief to the Trust under the Investment Company Act of 1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’). In compliance with Commentary .04 to NYSE Arca Equities Rule 8.600, which applies to Managed Fund Shares based on an international or global portfolio, the Trust’s application for exemptive relief under the 1940 Act states that the Fund will comply with the federal securities laws in accepting securities for deposits and satisfying redemptions with redemption securities, including that the securities accepted for deposits and the securities used to satisfy redemption requests are sold in transactions that would be exempt from registration under the Securities Act of 1933 (15 U.S.C. 77a). E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Notices]
[Pages 47043-47045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19221]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62595; File No. SR-BATS-2010-019]

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

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 26, 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 and
II 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.
---------------------------------------------------------------------------

\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 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 August 2, 2010. The Exchange is not proposing to amend any
rule text, but simply administering or enforcing an existing rule.\3\
---------------------------------------------------------------------------

\3\ See Rule 21.5 regarding the Penny Pilot.
---------------------------------------------------------------------------

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 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 August 2,
2010. In the Exchange's filing to adopt rules to govern BATS
Options,\4\ 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.
---------------------------------------------------------------------------

\4\ See 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).
---------------------------------------------------------------------------

The Exchange is identifying, in the chart below, seventy-five
options classes that it will add to the Penny Pilot on August 2, 2010,
based on ADVs for the six months ending 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

[[Page 47044]]

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.
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. Statutory Basis
The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\5\ In particular, the
Exchange believes that the proposal is consistent with Section 6(b)(5)
of the Act,\6\ because it would promote just and equitable principles
of trade, remove impediments to, and perfect the mechanism of, a free
and open market and a national market system, by identifying the
options classes to be added to the Penny Pilot in a manner consistent
with prior approvals and filings.
---------------------------------------------------------------------------

\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

The Exchange does not believe that the proposed rule change imposes
any burden on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

Pursuant to Section 19(b)(3)(A)(i) of the Act \7\ and paragraph
(f)(1) of Rule 19b-4 thereunder,\8\ the Exchange has designated this
proposal as one constituting a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule.
---------------------------------------------------------------------------

\7\ 15 U.S.C. 78s(b)(3)(A)(i).
\8\ 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 proposal 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 No. SR-BATS-2010-019 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 No. SR-BATS-2010-019. This file
number should be included on the subject line if e-mail is used. To
help the

[[Page 47045]]

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 will also 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-BATS-2010-019 and should be submitted on or
before August 25, 2010.
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\9\ 17 CFR 200.30-3(a)(12).

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19221 Filed 8-3-10; 8:45 am]
BILLING CODE 8010-01-P

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