Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Add 75 Classes to the Penny Pilot Program, 47875-47877 [2010-19519]

Download as PDF Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Notices 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 7 and paragraph (f)(2) of Rule 19b–4 8 thereunder. At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate 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: 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– 100 and should be submitted on or before August 30, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–19528 Filed 8–6–10; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION 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–2010–100 on the subject line. [Release No. 34–62615; File No. SR–BX– 2010–052] 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–2010–100. 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 July 30, 2010. Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Add 75 Classes to the Penny Pilot Program 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 21, 2010, NASDAQ OMX BX, Inc. (the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change NASDAQ OMX BX, Inc. (the ‘‘Exchange’’) proposes to designate 75 options classes to be added to the Penny Pilot Program, as referenced in Chapter V, Section 33 of the Rules of the Boston 9 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 7 15 U.S.C. 78s(b)(3)(A)(ii). 8 17 CFR 240.19b–4(f)(2). VerDate Mar<15>2010 17:01 Aug 06, 2010 1 15 Jkt 220001 PO 00000 Frm 00121 Fmt 4703 47875 Options Exchange Group, LLC (‘‘BOX’’). The Exchange intends to notify BOX Options Participants of the classes to be added to the Penny Pilot Program via Regulatory Circular. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On October 19, 2009 the Exchange submitted a proposed rule change 3 with the Securities and Exchange Commission (‘‘Commission’’) to, among other things, expand the number of classes included in the Penny Pilot Program over four successive quarters, with 75 classes added in each of November 2009, February 2010, May 2010, and August 2010.4 Options classes with high premiums will be excluded for the quarterly additions.5 3 See Securities and Exchange Act Release No. 60886 (Oct. 27, 2009), 74 FR 56897 (Nov. 3, 2009) (SR–BX–2009–067). This proposal was effective immediately upon filing. 4 The quarterly additions will be effective on November 2, 2009, February 1, 2010, May 3, 2010 and August 2, 2010, respectively. For purposes of identifying the classes to be added per quarter, the Exchange shall use data from the prior six calendar months preceding the implementation month, except that the month immediately preceding their addition to the Pilot would not be utilized for purposes of the six month analysis. For example, the quarterly additions to be added on May 3, 2010 shall be determined using data from the six month period ending March 31, 2010. The Exchange has filed three (3) previous proposals similar to the present proposal, for the November 2, 2009, February 1, 2010 and May 3, 2010 expansions of 75 classes, respectively. See Securities and Exchange Act Release No. 60950 (Nov. 6, 2009), 74 FR 58666 (Nov. 6, 2009) [sic] (SR–BX–2009–069); Securities and Exchange Act Release No. 61456 (Feb. 1, 2010), 75 FR 6235 (Feb. 8, 2010) (SR–BX–2010–011); and 62039 (May 5, 2010), 75 FR 26313 (May 11, 2010) (SR–BX–2010–032). These proposals were effective immediately upon filing. 5 The threshold for designation as ‘‘high priced’’ at the time of selection of new classes to be included in the Penny Pilot Program is $200 per share or a calculated index value of 200. The determination of whether a security is trading above $200 or above a calculated index value of 200 shall Continued Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1 47876 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Notices Based on trading activity for the six months ending June 30, 2010, the Exchange proposes to add the following Symbol MBI ...... MA ....... ATPG ... YUM ..... RCL ..... BPOP ... EK ........ CNX ..... DCTH* MTG ..... PXP ..... GPS ..... TSL ...... EWW ... CRM .... SWN .... HBAN ... EOG ..... APA ..... VVUS ... JDSU ... ACI ....... NE ........ BAX ..... ADSK ... KRE ..... XL ........ WLT ..... IBN ....... EWY .... WHR .... BHI ....... HOT ..... QLD ..... VRSN ... PCL ...... NBR ..... ESRX ... 75 classes to the Penny Pilot Program on August 2, 2010: Company Name Symbol 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. 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. 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 Huges Inc. Starwood Hotels & Resorts ProShares Ultra QQQ VeriSighn Inc. Plum Creek Timber Co. Inc. Nabors Industries Ltd. Express Scripts Inc. KMP .... MRO .... AGO .... GIS ...... ANR .... GENZ .. CB ....... ADM .... HSY ..... TXT ..... GGP* ... NOV .... TWX .... XOP .... MYL ..... TSO ..... CI ........ ESI ...... NKE ..... FIS* ..... SUN .... BBBY .. APWR FWLT .. LNC ..... RSH .... TYC ..... CL ....... FXP ..... NTAP .. SO ....... PHM .... ACAS .. XLNX ... DO ....... CMA .... KEY ..... ............. Company Name Kinder Morgan Energy Partners LP Marathon Oil Corp. Assured Guaranty Ltd. General Mills Inc. Alpha Natural Resources Inc. Genzyme Corp. 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. American Capital Ltd. Xilinx Inc. Diamond Offshore Drilling Inc. Comerica Inc. KeyCorp * Please note that the class is presently not listed for trading on BOX. If the class is listed for trading on BOX at a later date it will be subject to the applicable minimum trading increments as set forth in Chapter V, Section 6(b) of the BOX Rules. sroberts on DSKD5P82C1PROD with NOTICES 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act,6 in general, and Section 6(b)(5) of the Act,7 in particular, in that it is designed to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism for a free and open market and a national market system and, in general, to protect investors and the public interest, by identifying the options classes added to the Penny Pilot Program in a manner consistent with prior rule changes. be based on the price at the close of trading on the Expiration Friday prior to being added to the Penny Pilot Program. VerDate Mar<15>2010 17:01 Aug 06, 2010 Jkt 220001 B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received comments on the proposed rule change. 6 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). 8 15 U.S.C. 78s(b)(3)(A). 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(6)(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 abrogate 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. 9 17 CFR 240.196–4(f)(1). 7 15 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / 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: For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–19519 Filed 8–6–10; 8:45 am] BILLING CODE 8010–01–P Electronic Comments DEPARTMENT OF STATE • 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–BX–2010–052 on the subject line. [Public Notice: 7098] U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the Work of the UNCITRAL Working Group on International Arbitration and Conciliation In June, the United Nations Commission on International Trade Law • Send paper comments in triplicate (UNCITRAL) approved revisions to the to Elizabeth M. Murphy, Secretary, 1976 UNCITRAL Arbitration Rules. The Securities and Exchange Commission, 2010 UNCITRAL Arbitration Rules will 100 F Street, NE., Washington, DC take effect on August 15, 2010. [https:// 20549–1090. www.uncitral.org/uncitral/en/ uncitral_texts/arbitration/ All submissions should refer to File 1976Arbitration_rules.html] In its next Number SR–BX–2010–052. This file phase of work, the UNCITRAL Working number should be included on the Group on International Arbitration and subject line if e-mail is used. To help the Conciliation will take up the topic of Commission process and review your transparency in investor-State comments more efficiently, please use arbitration. The Working Group is only one method. The Commission will scheduled to meet in Vienna October 4– post all comments on the Commission’s 8, 2010. In preparation for that meeting, Internet Web site (https://www.sec.gov/ a public meeting will be held, under the rules/sro.shtml). Copies of the auspices of the Department of State’s submission, all subsequent Advisory Committee on Private amendments, all written statements International Law, to obtain the views of with respect to the proposed rule concerned stakeholders. change that are filed with the Time and Place: The public meeting will take place at the Department of Commission, and all written State’s Annex 4 in Room 240, South communications relating to the Building, 23rd and C Streets, NW., proposed rule change between the Commission and any person, other than Washington, DC, on September 15, 2010. Visitors should appear at the gate those that may be withheld from the at the southwest corner of 23rd and C public in accordance with the Streets by 9:45 a.m. EDT. Persons provisions of 5 U.S.C. 552, will be arriving at other times will need to make available for Web site viewing and arrangements for entry using the contact printing in the Commission’s Public information provided below. The Reference Room, 100 F Street, NE., meeting will begin at 10 a.m. and is Washington, DC 20549, on official expected to last no later than 1 p.m. If business days between the hours of you are unable to attend the public 10 a.m. and 3 p.m. Copies of such filing meeting and would like to participate also will be available for inspection and from a remote location, teleconferencing copying at the principal office of the will be available. Exchange. All comments received will Public Participation: It is requested be posted without change; the that persons wishing to attend contact Commission does not edit personal Trisha Smeltzer prior to September 8, identifying information from 2010, at smeltzertk@state.gov or 202– submissions. You should submit only 776–8423 and provide their name, and information that you wish to make date of birth for pre-clearance purposes, available publicly. All submissions as well as email address and affiliation. should refer to File No. SR–BX–2010– Members of the public who are not precleared might encounter delays with 052 and should be submitted on or before August 30, 2010. sroberts on DSKD5P82C1PROD with NOTICES Paper Comments 10 17 VerDate Mar<15>2010 17:01 Aug 06, 2010 Jkt 220001 PO 00000 CFR 200.30–3(a)(12). Frm 00123 Fmt 4703 Sfmt 4703 47877 security procedures. Data from the public is requested pursuant to Public Law 99–399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107–56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the identity of individuals who enter Department facilities. The data will be entered into the Visitor Access Control System (VACS–D) database. Please see the Privacy Impact Assessment for VACS–D at https:// www.state.gov/documents/organization/ 100305.pdf for additional information. A member of the public requesting reasonable accommodation should make his or her request upon registering for the meeting. Such requests received after September 13th will be considered, but might not be possible to fulfill. Please contact Ms. Smeltzer for additional meeting information, including teleconferencing dial-in details. Dated: August 2, 2010. Keith Loken, Assistant Legal Adviser, Office of Private International Law, Office of the Legal Adviser, Department of State. [FR Doc. 2010–19614 Filed 8–6–10; 8:45 am] BILLING CODE 7410–08–P DEPARTMENT OF STATE [Public Notice 7099] Notice of Meeting Title: Shipping Coordinating Committee; Notice of Committee Meeting. The Shipping Coordinating Committee (SHC) will conduct two separate open meetings on September 2 and September 10 at the United States Coast Guard Headquarters Building, 2100 Second Street, SW., Washington, DC 20593–0001. The primary purpose of the September 2 meeting is to prepare for the fifteenth Session of the International Maritime Organization (IMO) Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) to be held at the IMO headquarters in London, United Kingdom, from September 13 to September 17, 2010. This SHC meeting will begin at 10 a.m. and will be held in room 1303. The primary matters to be considered at the DSC meeting include: — Amendments to the International Maritime Dangerous Goods (IMDG) Code and Supplements including harmonization of the IMDG Code with the United Nations Recommendations on the Transport of Dangerous Goods. E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Notices]
[Pages 47875-47877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19519]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62615; File No. SR-BX-2010-052]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Add 75 
Classes to the Penny Pilot Program

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 21, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II and III below, which 
Items have been prepared by the self-regulatory organization. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

    NASDAQ OMX BX, Inc. (the ``Exchange'') proposes to designate 75 
options classes to be added to the Penny Pilot Program, as referenced 
in Chapter V, Section 33 of the Rules of the Boston Options Exchange 
Group, LLC (``BOX''). The Exchange intends to notify BOX Options 
Participants of the classes to be added to the Penny Pilot Program via 
Regulatory Circular.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in Sections A, B, and C below, of the 
most significant aspects of such statements.

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

1. Purpose
    On October 19, 2009 the Exchange submitted a proposed rule change 
\3\ with the Securities and Exchange Commission (``Commission'') to, 
among other things, expand the number of classes included in the Penny 
Pilot Program over four successive quarters, with 75 classes added in 
each of November 2009, February 2010, May 2010, and August 2010.\4\ 
Options classes with high premiums will be excluded for the quarterly 
additions.\5\
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    \3\ See Securities and Exchange Act Release No. 60886 (Oct. 27, 
2009), 74 FR 56897 (Nov. 3, 2009) (SR-BX-2009-067). This proposal 
was effective immediately upon filing.
    \4\ The quarterly additions will be effective on November 2, 
2009, February 1, 2010, May 3, 2010 and August 2, 2010, 
respectively. For purposes of identifying the classes to be added 
per quarter, the Exchange shall use data from the prior six calendar 
months preceding the implementation month, except that the month 
immediately preceding their addition to the Pilot would not be 
utilized for purposes of the six month analysis. For example, the 
quarterly additions to be added on May 3, 2010 shall be determined 
using data from the six month period ending March 31, 2010. The 
Exchange has filed three (3) previous proposals similar to the 
present proposal, for the November 2, 2009, February 1, 2010 and May 
3, 2010 expansions of 75 classes, respectively. See Securities and 
Exchange Act Release No. 60950 (Nov. 6, 2009), 74 FR 58666 (Nov. 6, 
2009) [sic] (SR-BX-2009-069); Securities and Exchange Act Release 
No. 61456 (Feb. 1, 2010), 75 FR 6235 (Feb. 8, 2010) (SR-BX-2010-
011); and 62039 (May 5, 2010), 75 FR 26313 (May 11, 2010) (SR-BX-
2010-032). These proposals were effective immediately upon filing.
    \5\ The threshold for designation as ``high priced'' at the time 
of selection of new classes to be included in the Penny Pilot 
Program is $200 per share or a calculated index value of 200. The 
determination of whether a security is trading above $200 or above a 
calculated index value of 200 shall be based on the price at the 
close of trading on the Expiration Friday prior to being added to 
the Penny Pilot Program.

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[[Page 47876]]

    Based on trading activity for the six months ending June 30, 2010, 
the Exchange proposes to add the following 75 classes to the Penny 
Pilot Program on August 2, 2010:

------------------------------------------------------------------------
    Symbol          Company Name          Symbol         Company Name
------------------------------------------------------------------------
MBI...........  MBIA Inc.             KMP...........  Kinder Morgan
                                                       Energy Partners
                                                       LP
MA............  Mastercard Inc.       MRO...........  Marathon Oil Corp.
ATPG..........  ATP Oil & Gas Corp/   AGO...........  Assured Guaranty
                 United States                         Ltd.
YUM...........  Yum! Brands Inc.      GIS...........  General Mills Inc.
RCL...........  Royal Caribbean       ANR...........  Alpha Natural
                 Cruises Ltd.                          Resources Inc.
BPOP..........  Popular Inc.          GENZ..........  Genzyme Corp.
EK............  Eastman Kodak Co.     CB............  Chubb Corp.
CNX...........  Consol Energy Inc.    ADM...........  Archer-Daniels-
                                                       Midland Co.
DCTH*.........  Delcath Systems Inc.  HSY...........  Hershey Co./The
MTG...........  MGIC Investment       TXT...........  Textron Inc.
                 Corp.
PXP...........  Plains Exploration &  GGP*..........  General Growth
                 Production Co.                        Properties Inc.
GPS...........  Gap Inc./The          NOV...........  National Oilwell
                                                       Varco Inc.
TSL...........  Trina Solar Ltd.      TWX...........  Time Warner Inc.
EWW...........  iShares MSCI Mexico   XOP...........  SPDR S&P Oil & Gas
                 Investable Market                     Exploration &
                 Index Fund                            Production ETF
CRM...........  Salesforce.com Inc.   MYL...........  Mylan Inc./PA
SWN...........  Southwestern Energy   TSO...........  Tesoro Corp.
                 Co.
HBAN..........  Huntington            CI............  CIGNA Corp.
                 Bancshares Inc./OH
EOG...........  EOG Resources Inc.    ESI...........  ITT Educational
                                                       Services Inc.
APA...........  Apache Corp.          NKE...........  NIKE Inc.
VVUS..........  Vivus Inc.            FIS*..........  Fidelity National
                                                       Information
                                                       Services Inc.
JDSU..........  JDS Uniphase Corp.    SUN...........  Sunoco Inc.
ACI...........  Arch Coal Inc.        BBBY..........  Bed Bath & Beyond
                                                       Inc.
NE............  Noble Corp.           APWR..........  A-Power Energy
                                                       Generation
                                                       Systems Ltd.
BAX...........  Baxter International  FWLT..........  Foster Wheeler AG
                 Inc.
ADSK..........  Autodesk Inc.         LNC...........  Lincoln National
                                                       Corp.
KRE...........  SPDR KBW Regional     RSH...........  RadioShack Corp.
                 Banking ETF
XL............  XL Group Plc.         TYC...........  Tyco International
                                                       Ltd.
WLT...........  Walter Energy Inc.    CL............  Colgate-Palmolive
                                                       Co.
IBN...........  ICICI Bank Ltd.       FXP...........  ProShares
                                                       UltraShort FTSE/
                                                       Xinhua China 25
EWY...........  iShares MSCI South    NTAP..........  NetApp Inc.
                 Korea Index Fund
WHR...........  Whirlpool Corp.       SO............  Southern Co.
BHI...........  Baker Huges Inc.      PHM...........  Pulte Group Inc.
HOT...........  Starwood Hotels &     ACAS..........  American Capital
                 Resorts                               Ltd.
QLD...........  ProShares Ultra QQQ   XLNX..........  Xilinx Inc.
VRSN..........  VeriSighn Inc.        DO............  Diamond Offshore
                                                       Drilling Inc.
PCL...........  Plum Creek Timber     CMA...........  Comerica Inc.
                 Co. Inc.
NBR...........  Nabors Industries     KEY...........  KeyCorp
                 Ltd.
ESRX..........  Express Scripts Inc.  ..............  ..................
------------------------------------------------------------------------
* Please note that the class is presently not listed for trading on BOX.
  If the class is listed for trading on BOX at a later date it will be
  subject to the applicable minimum trading increments as set forth in
  Chapter V, Section 6(b) of the BOX Rules.

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\6\ in general, and Section 
6(b)(5) of the Act,\7\ in particular, in that it is designed to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to and 
perfect the mechanism for a free and open market and a national market 
system and, in general, to protect investors and the public interest, 
by identifying the options classes added to the Penny Pilot Program in 
a manner consistent with prior rule changes.
---------------------------------------------------------------------------

    \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 any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act.

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

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

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

    The proposed rule change is filed for immediate effectiveness 
pursuant to Section 19(6)(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 
abrogate 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.196-4(f)(1).

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[[Page 47877]]

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number SR-BX-2010-052 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2010-052. This file 
number should be included on the subject line if e-mail is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File No. SR-BX-2010-052 and should be 
submitted on or before August 30, 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. 2010-19519 Filed 8-6-10; 8:45 am]
BILLING CODE 8010-01-P
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