Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add Seventy-Five Options Classes to the Penny Pilot Program, 47664-47666 [2010-19371]

Download as PDF 47664 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices be uniformly applied to each of these participants. NASDAQ is one of eight options market in the national market system for standardized options. Joining NASDAQ and electing to trade options is entirely voluntary. Under these circumstances, NASDAQ’s fees must be competitive and low in order for NASDAQ to attract order flow, execute orders, and grow as a market. NASDAQ thus believes that its fees are fair and reasonable and consistent with the Exchange Act. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act 9 and paragraph (f)(2) of Rule 19b–4 10 thereunder. At any time within 60 days of the filing of such 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. sroberts on DSKD5P82C1PROD with NOTICES IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NASDAQ–2010–088 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, 9 15 U.S.C. 78s(b)(3)(A)(ii). CFR 240.19b–4(f)(2). 10 17 VerDate Mar<15>2010 16:35 Aug 05, 2010 Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–NASDAQ–2010–088. 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– 2010–088 and should be submitted on or before August 27, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–19370 Filed 8–5–10; 8:45 am] BILLING CODE 8010–01–P 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 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 proposing to amend any rule text, but simply administering or enforcing an existing rule.4 The text of the proposed rule change is available on the Exchange’s Web site at https:// nasdaqomxphlx.cchwallstreet.com/ NASDAQOMXPHLX/Filings/, 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 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 The Penny Pilot was established in January 2007 and in October 2009 was expanded and extended through December 31, 2010. See Securities Exchange Act Release Nos. 55153 (January 23, 2007), 72 FR 4553 (January 31, 2007) (SR–Phlx2006–74) (notice of filing and approval order establishing Penny Pilot); 60873 (October 23, 2009), 74 FR 56675 (November 2, 2009) (SR–Phlx–2009– 91) (notice of filing and immediate effectiveness expanding and extending Penny Pilot); 60966 (November 9, 2009), 74 FR 59331 (November 17, 2009) (SR–Phlx–2009–94) (notice of filing and immediate effectiveness adding seventy-five classes to Penny Pilot); 60966 (November 9, 2009), 75 FR 61454 (February 1, 2010), 75 FR 6233 (February 8, 2010) (SR–Phlx–2010–12) (notice of filing and immediate effectiveness adding seventy-five classes to Penny Pilot); and 62028 (May 4, 2010), 75 FR 25890 (May 10, 2010) (SR–Phlx–2010–65) (notice of filing and immediate effectiveness adding seventyfive classes to Penny Pilot). 4 See Rule 1034 regarding the Penny Pilot. 2 17 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62616; File No. SR– Phlx–2010–103] Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of Filing and Immediate Effectiveness of 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 11 17 Jkt 220001 (‘‘Act’’),1 and Rule 19b–4 2 thereunder, notice is hereby given that on July 22, 2010, NASDAQ OMX PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘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. PO 00000 CFR 200.30–3(a)(12). Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM 06AUN1 47665 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices 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 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 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. 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. Co.nsol 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 302 303 305 306 307 308 309 310 311 312 314 ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... ............... WLT IBN EWY WHR BHI KMP MRO AGO GIS ANR GENZ 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. 351 .............. 352 .............. 353 .............. 354 .............. 355 .............. 356 .............. 357 .............. 358 .............. 359 .............. 360 .............. ................ QLD VRSN PCL NBR ESRX ACAS XLNX DO CMA KEY 2. Statutory Basis sroberts on DSKD5P82C1PROD with NOTICES 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. 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 5 See Securities Exchange Act Release No. 60873 (October 23, 2009), 74 FR 56675 (November 2, 2009) VerDate Mar<15>2010 16:35 Aug 05, 2010 Jkt 220001 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 (SR–Phlx–2009–91) (notice of filing and immediate effectiveness). PO 00000 Frm 00143 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. 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 will impose 6 15 7 15 E:\FR\FM\06AUN1.SGM U.S.C. 78f(b). U.S.C. 78f(b)(5). 06AUN1 47666 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were either solicited or 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. 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: sroberts on DSKD5P82C1PROD with 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–Phlx–2010–103 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–Phlx–2010–103. 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–Phlx–2010– 103 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 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–19371 Filed 8–5–10; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62624; File No. SR–NFA– 2010–02] Self-Regulatory Organizations; National Futures Association; Notice of Filing and Immediate Effectiveness of Proposed Changes to Interpretive Notice Entitled ‘‘NFA Compliance Rule 2–30(b): Risk Disclosure Statement for Security Futures Contracts’’ August 2, 2010. Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b-7 under the Act,2 notice is hereby given that on July 8, 2010, National Futures Association (‘‘NFA’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change described in Items I, II, and III below, which Items have been substantially prepared by the NFA. The Commission is publishing this notice to solicit comments on the proposed rule 10 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(7). 2 17 CFR 240.19b–7. 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b–4(f)(1). VerDate Mar<15>2010 16:35 Aug 05, 2010 1 15 Jkt 220001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 change from interested persons. NFA also has filed this proposed rule change concurrently with the Commodity Futures Trading Commission (‘‘CFTC’’). On July 8, 2010, NFA requested that the CFTC make a determination that review of the proposed rule change of NFA is not necessary. On July 26, 2010, the CFTC notified NFA of its determination not to review the proposed rule change.3 I. Self-Regulatory Organization’s Description of the Proposed Rule Change The amendment to the Interpretive Notice entitled ‘‘NFA Compliance Rule 2–30(b): Risk Disclosure Statement for Security Futures Contracts’’ updates the document to reflect the treatment of dividends for a new class of security futures contracts that did not exist at the time the Interpretive Notice was adopted. Specifically, the amendment indicates that price adjustments for ordinary dividends may be made for a specified class of security futures contracts based on the rules of the exchange and the clearing organization. The text of the proposed rule change is available on NFA’s Web site at http: //www.nfa.futures.org, at the principal office of NFA 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, NFA 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. NFA 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 Section 15A(k) of the Act 4 makes NFA a national securities association for the limited purpose of regulating the activities of NFA Members (‘‘Members’’) who are registered as brokers or dealers under Section 15(b)(11) of the Act.5 NFA Interpretive Notice entitled ‘‘NFA 3 See letter from William Penner, Deputy Director, CFTC to Thomas W. Sexton, Senior Vice President and General Counsel, NFA, dated July 26, 2010. 4 15 U.S.C. 78o–3(k). 5 15 U.S.C. 78o(b)(11). E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47664-47666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19371]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62616; File No. SR-Phlx-2010-103]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of 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, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``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.
---------------------------------------------------------------------------

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

\3\ The Penny Pilot was established in January 2007 and in
October 2009 was expanded and extended through December 31, 2010.
See Securities Exchange Act Release Nos. 55153 (January 23, 2007),
72 FR 4553 (January 31, 2007) (SR-Phlx-2006-74) (notice of filing
and approval order establishing Penny Pilot); 60873 (October 23,
2009), 74 FR 56675 (November 2, 2009) (SR-Phlx-2009-91) (notice of
filing and immediate effectiveness expanding and extending Penny
Pilot); 60966 (November 9, 2009), 74 FR 59331 (November 17, 2009)
(SR-Phlx-2009-94) (notice of filing and immediate effectiveness
adding seventy-five classes to Penny Pilot); 60966 (November 9,
2009), 75 FR 61454 (February 1, 2010), 75 FR 6233 (February 8, 2010)
(SR-Phlx-2010-12) (notice of filing and immediate effectiveness
adding seventy-five classes to Penny Pilot); and 62028 (May 4,
2010), 75 FR 25890 (May 10, 2010) (SR-Phlx-2010-65) (notice of
filing and immediate effectiveness adding seventy-five classes to
Penny Pilot).
\4\ See Rule 1034 regarding the Penny Pilot.
---------------------------------------------------------------------------

The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, 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

[[Page 47665]]

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. 60873 (October 23,
2009), 74 FR 56675 (November 2, 2009) (SR-Phlx-2009-91) (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 Co.nsol 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 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 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.
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
The Exchange does not believe that the proposed rule change will
impose

[[Page 47666]]

any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
No written comments were either solicited or 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-Phlx-2010-103 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-Phlx-2010-103. 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-Phlx-2010-103 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. 2010-19371 Filed 8-5-10; 8:45 am]
BILLING CODE 8010-01-P

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