Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Add Seventy-Five Options Classes to the Penny Pilot Program, 47670-47672 [2010-19334]

Download as PDF 47670 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices unreasonably discriminatory fee and an equitable allocation of fees among all users. The existence of numerous alternatives to NQDS, including realtime consolidated data, free delayed consolidated data, and proprietary data from other sources ensures that NASDAQ cannot set unreasonable fees, or fees that are unreasonably discriminatory, without losing business to these alternatives. Accordingly, NASDAQ believes that the acceptance of the NQDS product in the marketplace demonstrates the consistency of these fees with applicable statutory standards. B. Self-Regulatory Organization’s Statement on Burden on Competition C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others sroberts on DSKD5P82C1PROD with NOTICES Written comments were neither solicited nor received. 12 Specifically, the Commission stated: ‘‘Exchanges compete not only with one another, but also with broker-dealers that match customer orders within their own systems and also with a proliferation of alternative trading systems (‘ATSs’) and electronic communications networks (‘ECNs’) that the Commission has also nurtured and authorized to execute trades in any listed issue. As a result, market share of trading fluctuates among execution facilities based on their ability to service the end customer. The execution business is highly competitive and exhibits none of the characteristics of a monopoly * * * .’’ Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74775 (December 9, 2008) (SR–NYSEArca2006–21). 16:35 Aug 05, 2010 Jkt 220001 The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) 13 of the Act. 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 NASDAQ does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. As the Commission has recognized,12 the market for transaction execution and routing services is highly competitive. Broker-dealers currently have numerous alternative venues for their order flow, including multiple competing selfregulatory organization markets, as well as broker-dealers and aggregators such as electronic communications networks. A member firm is able to select any venue of which it is a member or participant to send its order flow. As such, if member firms believe that the proposed fee for Supplemental MPIDs is excessive they may easily choose to move their order flow elsewhere. NASDAQ believes that its proposed fees are comparable to fees assessed by the NYSE for market access, but are set at lower levels than the corresponding NYSE fees. NASDAQ also believes that the proposed fee will encourage efficiency in member firms’ use of MPIDs. VerDate Mar<15>2010 III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action 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: 3 p.m. Copies of the 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 Number SR–NASDAQ–2010–093 and should be submitted on or before August 27, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.14 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–19333 Filed 8–5–10; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Electronic Comments [Release No. 34–62617; File No. SR– NASDAQ–2010–092] • 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–NASDAQ–2010–093 on the subject line. Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Add Seventy-Five Options Classes to the Penny Pilot Program Paper Comments July 30, 2010. • 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–2010–093. 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 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change 13 15 PO 00000 U.S.C. 78s(b)(3)(A). Frm 00148 Fmt 4703 Sfmt 4703 Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 2 thereunder, notice is hereby given that on July 22, 2010, The NASDAQ Stock Market LLC (‘‘Nasdaq’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change as described in Items I and II, which Items have been prepared by Nasdaq. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. Nasdaq is filing with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) a proposal for the NASDAQ Options Market (‘‘NOM’’ or ‘‘Exchange’’) to designate seventy-five options classes to be added to the Penny Pilot Program (‘‘Penny Pilot’’ or ‘‘Pilot’’) on August 2, 2010.3 The Exchange is not 14 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 The Penny Pilot was established in March 2008 and in October 2009 was expanded and extended through December 31, 2010. See Securities Exchange Act Release Nos. 57579 (March 28, 2008), 1 15 E:\FR\FM\06AUN1.SGM 06AUN1 47671 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices proposing to amend any rule text, but simply administering or enforcing an existing rule.4 The text of the proposed rule change is available from Nasdaq’s Web site at https://nasdaq.cchwallstreet.com/ Filings/, at Nasdaq’s principal office, and at the Commission’s Public Reference Room. may be examined at the places specified in Item IV below. Nasdaq has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. II. 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 immediately effective filing to extend and expand the Penny Pilot through December 31, 2010,5 the Exchange proposed expanding the Pilot four times on a A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Nasdaq 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 Nat’l ranking Symbol Security name Nat’l ranking Symbol 199 205 224 226 232 238 248 252 ............... ............... ............... ............... ............... ............... ............... ............... 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 260 274 277 278 280 282 ............... ............... ............... ............... ............... ............... DCTH MTG PXP GPS TSL EWW .............. .............. .............. .............. .............. .............. MYL TSO CI ESI NKE FIS CRM SWN HBAN 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 328 329 330 331 332 335 283 ............... 286 ............... 287 ............... 336 .............. 338 .............. 340 .............. SUN BBBY APWR 288 290 291 292 293 294 ............... ............... ............... ............... ............... ............... EOG APA VVUS JDSU ACI NE EOG Resources Inc. Apache Corp. Vivus Inc. JDS Uniphase Corp. Arch Coal Inc. Noble Corp. 341 342 343 344 345 346 .............. .............. .............. .............. .............. .............. FWLT LNC RSH TYC CL FXP 296 297 299 300 ............... ............... ............... ............... BAX ADSK KRE XL Baxter International Inc. Autodesk Inc. SPDR KBW Regional Banking ETF XL Group Plc 347 348 349 350 .............. .............. .............. .............. NTAP SO PHM HOT 302 303 305 306 307 308 309 310 311 312 sroberts on DSKD5P82C1PROD with NOTICES quarterly basis. Each such quarterly expansion would be of the next seventyfive 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; however, the month immediately preceding the addition of options to the Penny Pilot will 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. ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... WLT IBN EWY WHR BHI KMP MRO AGO GIS ANR 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. 351 352 353 354 355 356 357 358 359 360 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. QLD VRSN PCL NBR ESRX ACAS XLNX DO CMA KEY 73 FR 18587 (April 4, 2008)(SR–NASDAQ–2008– 026) (notice of filing and immediate effectiveness establishing Penny Pilot); 60874 (October 23, 2009), 74 FR 56682 (November 2, 2009) (SR–NASDAQ– 2009–091) (notice of filing and immediate effectiveness expanding and extending Penny Pilot); 60965 (November 9, 2009), 74 FR 59292 (November 17, 2009) (SR–NASDAQ–2009–097) VerDate Mar<15>2010 16:35 Aug 05, 2010 Jkt 220001 (notice of filing and immediate effectiveness adding seventy-five classes to Penny Pilot); 61455 (February 1, 2010), 75 FR 6239 (February 8, 2010) (SR–NASDAQ–2010–013) (notice of filing and immediate effectiveness adding seventy-five classes to Penny Pilot); and 62029 (May 4, 2010), 75 FR 25895 (May 10, 2010) (SR–NASDAQ–2010–053) PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 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. 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. (notice of filing and immediate effectiveness adding seventy-five classes to Penny Pilot). 4 See Chapter VI, Section 5 regarding the Penny Pilot. 5 See Securities Exchange Act Release No. 60874 (October 23, 2009), 74 FR 56682 (November 2, 2009) (SR–NASDAQ–2009–091) (notice of filing and immediate effectiveness). E:\FR\FM\06AUN1.SGM 06AUN1 47672 Nat’l ranking 314 ............... Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices Symbol GENZ Security name B. Self-Regulatory Organization’s Statement on Burden on Competition Nasdaq does not believe that the proposed rule change will result in 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 Written comments were neither solicited nor received. sroberts on DSKD5P82C1PROD with NOTICES III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The proposed rule change is filed for immediate effectiveness pursuant to Section 19(b)(3)(A) 8 of the Act and Rule 19b–4(f)(1) 9 thereunder as it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule. At any time within 60 days 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 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(5). 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b–4(f)(1). 16:35 Aug 05, 2010 Symbol Security name Genzyme Corp. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 6 in general, and furthers the objectives of Section 6(b)(5) of the Act 7 in particular, in that it 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 facilitating transactions in securities, and to remove impediments to and perfect the mechanisms 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. VerDate Mar<15>2010 Nat’l ranking 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: For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. Electronic Comments [FR Doc. 2010–19334 Filed 8–5–10; 8:45 am] • 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–NASDAQ–2010–092 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–2010–092. 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–NASDAQ– 2010–092 and should be submitted on or before August 27, 2010. PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62602; File No. SR–CBOE– 2010–069] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Minor Rule Violation Plan July 24, 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 20, 2010, the Chicago Board Options Exchange, Incorporated (‘‘Exchange’’ or ‘‘CBOE’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange filed the proposal as a ‘‘non-controversial’’ proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b–4(f)(6) thereunder.4 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend CBOE Rule 17.50—Imposition of Fines for Minor Rule Violations. The text of the proposed rule change is available on the Exchange’s Web site (https:// www.cboe.com/Legal), at the Exchange’s principal office, and at the Commission’s Public Reference Room. 10 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b–4(f)(6). 1 15 E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47670-47672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19334]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62617; File No. SR-NASDAQ-2010-092]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Add Seventy-Five Options Classes to the Penny Pilot Program

July 30, 2010.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on July 22, 2010, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II, which Items
have been prepared by Nasdaq. 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 is filing with the Securities and Exchange Commission
(``SEC'' or ``Commission'') a proposal for the NASDAQ Options Market
(``NOM'' or ``Exchange'') to designate seventy-five options classes to
be added to the Penny Pilot Program (``Penny Pilot'' or ``Pilot'') on
August 2, 2010.\3\ The Exchange is not

[[Page 47671]]

proposing to amend any rule text, but simply administering or enforcing
an existing rule.\4\
---------------------------------------------------------------------------

\3\ The Penny Pilot was established in March 2008 and in October
2009 was expanded and extended through December 31, 2010. See
Securities Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR
18587 (April 4, 2008)(SR-NASDAQ-2008-026) (notice of filing and
immediate effectiveness establishing Penny Pilot); 60874 (October
23, 2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091)
(notice of filing and immediate effectiveness expanding and
extending Penny Pilot); 60965 (November 9, 2009), 74 FR 59292
(November 17, 2009) (SR-NASDAQ-2009-097) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot);
61455 (February 1, 2010), 75 FR 6239 (February 8, 2010) (SR-NASDAQ-
2010-013) (notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); and 62029 (May 4, 2010), 75 FR
25895 (May 10, 2010) (SR-NASDAQ-2010-053) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot).
\4\ See Chapter VI, Section 5 regarding the Penny Pilot.
---------------------------------------------------------------------------

The text of the proposed rule change is available from Nasdaq's Web
site at https://nasdaq.cchwallstreet.com/Filings/, at Nasdaq's principal
office, and at the Commission's Public Reference Room.

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

In its filing with the Commission, Nasdaq 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. Nasdaq 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
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 immediately effective filing to extend and expand
the Penny Pilot through December 31, 2010,\5\ the Exchange proposed
expanding the Pilot four times on a quarterly basis. Each such
quarterly expansion would be of the next 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;
however, the month immediately preceding the addition of options to the
Penny Pilot will 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.
---------------------------------------------------------------------------

\5\ See Securities Exchange Act Release No. 60874 (October 23,
2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091) (notice
of filing and immediate effectiveness).
---------------------------------------------------------------------------

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 322.............. HSY Hershey Co./The
Corp/United
States
226............... YUM Yum! Brands Inc 323.............. TXT Textron Inc.
232............... RCL Royal Caribbean 324.............. GGP General Growth
Cruises Ltd. Properties 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 327.............. XOP SPDR S&P Oil &
Inc. Gas Exploration
& Production
ETF.
260............... DCTH Delcath Systems 328.............. MYL Mylan Inc./PA.
Inc.
274............... MTG MGIC Investment 329.............. TSO Tesoro Corp.
Corp.
277............... PXP Plains 330.............. CI CIGNA Corp.
Exploration &
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 335.............. FIS Fidelity
Mexico National
Investable Information
Market Index Services Inc.
Fund
283............... CRM Salesforce.com 336.............. SUN Sunoco Inc.
Inc.
286............... SWN Southwestern 338.............. BBBY Bed Bath &
Energy Co. Beyond Inc.
287............... HBAN Huntington 340.............. APWR A-Power Energy
Bancshares Inc./ Generation
OH Systems Ltd.
288............... EOG EOG Resources 341.............. FWLT Foster Wheeler
Inc. AG.
290............... APA Apache Corp. 342.............. LNC Lincoln National
Corp.
291............... VVUS Vivus Inc. 343.............. RSH RadioShack Corp.
292............... JDSU JDS Uniphase 344.............. TYC Tyco
Corp. 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 347.............. NTAP NetApp Inc.
International
Inc.
297............... ADSK Autodesk Inc. 348.............. SO Southern Co.
299............... KRE SPDR KBW Regional 349.............. PHM Pulte Group Inc.
Banking ETF
300............... XL XL Group Plc 350.............. HOT Starwood Hotels
& Resorts
Worldwide Inc.
302............... WLT Walter Energy 351.............. QLD ProShares Ultra
Inc. QQQ.
303............... IBN ICICI Bank Ltd. 352.............. VRSN VeriSign Inc.
305............... EWY iShares MSCI 353.............. PCL Plum Creek
South Korea 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 356.............. ACAS American Capital
Energy Partners Ltd.
LP
309............... MRO Marathon Oil 357.............. XLNX Xilinx Inc.
Corp.
310............... AGO Assured Guaranty 358.............. DO Diamond Offshore
Ltd. Drilling Inc.
311............... GIS General Mills 359.............. CMA Comerica Inc.
Inc.
312............... ANR Alpha Natural 360.............. KEY KeyCorp.
Resources Inc.

[[Page 47672]]

314............... GENZ Genzyme Corp.
----------------------------------------------------------------------------------------------------------------

2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it 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 facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms 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.
---------------------------------------------------------------------------

\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

Nasdaq does not believe that the proposed rule change will result
in 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

Written comments were neither solicited nor received.

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

The proposed rule change is filed for immediate effectiveness
pursuant to Section 19(b)(3)(A) \8\ of the Act and Rule 19b-4(f)(1) \9\
thereunder as it constitutes a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule. At any time within 60 days 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.
---------------------------------------------------------------------------

\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2010-092 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-2010-092. 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-NASDAQ-
2010-092 and should be submitted on or before August 27, 2010.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19334 Filed 8-5-10; 8:45 am]
BILLING CODE 8010-01-P

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