Pursuant to Section 19(b)(1)  of the Securities Exchange Act of 1934 (the “Act”), and Rule 19b-4 thereunder, notice is hereby given that, on October 21, 2009, NYSE Arca, Inc. (“NYSE Arca” or the “Exchange”) filed with the Securities and Exchange Commission (the “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
The Exchange proposes to designate 75 options classes to be added to the Penny Pilot Program for Options (“Penny Pilot” or “Pilot”) on November 2, 2009. The text of the proposed rule change is attached as Exhibit 5 to the 19b-4 form [sic]. A copy of this filing is available on the Exchange's Web site at [sic], at the Exchange'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, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.Start Printed Page 56250
A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change
NYSE Arca proposes to identify the next 75 options classes to be added to the Penny Pilot effective November 2, 2009. The Exchange recently received approval to extend and expand the Pilot through December 31, 2010. In that filing, the Exchange had proposed expanding the Pilot on a quarterly basis to add the next 75 most actively traded multiply listed options classes based on national average daily volume for the six months prior to selection, closing under $200 per share on the Expiration Friday prior to expansion, except that the month immediately preceding their addition to the Penny Pilot will not be used for the purpose of the six month analysis.
NYSE Arca proposes adding the following 75 options classes to the Penny Pilot on November 2, 2009, based on national average daily volume from April 1, 2009 through September 30, 2009:
|Nat'l ranking||Symbol||Company name|
|118||ABX||Barrick Gold Corp.|
|48||AXP||American Express Co.|
|134||AUY||Yamana Gold Inc.|
|111||BBY||Best Buy Co Inc.|
|67||CHK||Chesapeake Energy Corp.|
|58||CIT||CIT Group Inc.|
|78||COF||Capital One Financial Corp.|
|130||DE||Deere & Co.|
|104||DOW||Dow Chemical Co/The.|
|88||EFA||iShares MSCI EAFE Index Fund.|
|64||ETFC||E*Trade Financial Corp.|
|32||EWZ||iShares MSCI Brazil Index Fund.|
|25||FAS||Direxion Daily Financial Bull. 3X Shares.|
|33||FAZ||Direxion Daily Financial Bear. 3X Shares.|
|112||FITB||Fifth Third Bancorp.|
|70||FSLR||First Solar Inc.|
|26||FXI||iShares FTSE/Xinhua China 25 Index Fund.|
|82||GDX||Market Vectors—Gold Miners ETF.|
|18||GLD||SPDR Gold Trust.|
|129||HGSI||Human Genome Sciences Inc.|
|62||HIG||Hartford Financial Services Group Inc.|
|59||IBM||International Business Machines Corp.|
|45||IYR||iShares Dow Jones US Real Estate Index Fund.|
|105||JNJ||Johnson & Johnson.|
|131||JNPR||Juniper Networks Inc.|
|39||LVS||Las Vegas Sands Corp.|
|120||MRK||Merck & Co Inc/NJ.|
|73||NLY||Annaly Capital Management Inc.|
|37||PBR||Petroleo Brasileiro SA.|
|85||PG||Procter & Gamble Co/The.|
|41||POT||Potash Corp of Saskatchewan Inc.|
|74||RF||Regions Financial Corp.|
|103||S||Sprint Nextel Corp.|
|83||SDS||ProShares UltraShort S&P500.|
|122||SKF||ProShares UltraShort Financials.|
|91||SLV||iShares Silver Trust.|
|84||SRS||ProShares UltraShort Real Estate.|
|119||SSO||ProShares Ultra S&P500.|
|Start Printed Page 56251|
|101||STI||SunTrust Banks Inc.|
|125||SVNT||Savient Pharmaceuticals Inc.|
|92||TBT||ProShares UltraShort 20+ Year Treasury.|
|14||UNG||United States Natural Gas Fund LP.|
|117||UNH||UnitedHealth Group Inc.|
|110||UPS||United Parcel Service Inc.|
|44||USO||United States Oil Fund LP.|
|60||UYG||ProShares Ultra Financials.|
|10||WFC||Wells Fargo & Co.|
|133||WYNN||Wynn Resorts Ltd.|
|52||X||United States Steel Corp.|
|114||XHB||SPDR S&P Homebuilders ETF.|
|86||XLI||Industrial Select Sector SPDR Fund.|
|79||XLU||Utilities Select Sector SPDR Fund.|
|54||XRT||SPDR S&P Retail ETF.|
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with and furthers the objectives of Section 6(b)(5) of the Act, in that it is designed to promote just and equitable principles of trade, remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest, by identifying the options classes to be added to the 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 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
No written comments were solicited or received with respect to the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action
The proposed rule change is effective upon filing pursuant to Section 19(b)(3)(A)(i)  of the Act and Rule 19b-4(f)(1)  thereunder, in that it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule of the Exchange.
At any time within 60 days of the filing of the 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:
- Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
- Send an e-mail to email@example.com. Please include File Number SR-NYSEArca-2009-93 on the subject line.
- 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-NYSEArca-2009-93. 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 (http://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 inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549-1090 on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at NYSE Arca's principal office and on its Internet Web site at [sic]. 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-NYSEArca-2009-93 and should be submitted on or before November 20, 2009.Start Signature
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
Florence E. Harmon,
4. The Commission notes that no rule text was attached as an exhibit to this filing and there are no changes to the rule text proposed by the Exchange.Back to Citation
5. See Exchange Act Release No. 60711 (September 23, 2009), 74 FR 49419 (September 28, 2009) (order approving SR-NYSEArca-2009-44).Back to Citation
6. Index products would be included in the expansion if the underlying index level was under 200.Back to Citation
[FR Doc. E9-26171 Filed 10-29-09; 8:45 am]
BILLING CODE 8011-01-P