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Notice

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add 75 Options Classes to the Penny Pilot Program

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Start Preamble November 4, 2009.

Pursuant to Section 19(b)(1) [1] of the Securities Exchange Act of 1934 (the “Act”),[2] and Rule 19b-4 thereunder,[3] notice is hereby given that, on November 3, 2009, NYSE Amex LLC (“NYSEAmex” 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.

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I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

The Exchange proposes to identify the next 75 options classes to be added to the Penny Pilot Program for Options (“Penny Pilot” or “Pilot”) on November 2, 2009. There are no changes to the Rule text. A copy of this filing is available on the Exchange's Web site at: http://www.nyse.com, 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.

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

1. Purpose

NYSE Amex proposes to identify the next 75 options classes to be added to the Penny Pilot effective November 2, 2009. The Exchange recently filed to extend and expand the Pilot through December 31, 2010.[4] In that filing, the Exchange had proposed expanding the Pilot on a quarterly basis to add the next 75 most actively traded multiple 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.[5]

NYSE Amex 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 rankingSymbolCompany name
118ABXBarrick Gold Corp.
48AXPAmerican Express Co.
134AUYYamana Gold Inc.
93BABoeing Co/The.
115BBTBB&T Corp.
111BBYBest Buy Co Inc.
94BPBP PLC.
67CHKChesapeake Energy Corp.
58CITCIT Group Inc.
78COFCapital One Financial Corp.
68CVXChevron Corp.
130DEDeere & Co.
104DOWDow Chemical Co/The.
49DRYSDryShips Inc.
88EFAiShares MSCI EAFE Index Fund.
64ETFCE*Trade Financial Corp.
32EWZiShares MSCI Brazil Index Fund.
25FASDirexion Daily Financial Bull 3X Shares.
33FAZDirexion Daily Financial Bear 3X Shares.
112FITBFifth Third Bancorp.
70FSLRFirst Solar Inc.
26FXIiShares FTSE/Xinhua China 25 Index Fund.
82GDXMarket Vectors—Gold Miners ETF.
127GGGoldcorp Inc.
18GLDSPDR Gold Trust.
129HGSIHuman Genome Sciences Inc.
62HIGHartford Financial Services Group Inc.
72HPQHewlett-Packard Co.
59IBMInternational Business Machines Corp.
45IYRiShares Dow Jones US Real Estate Index Fund.
105JNJJohnson & Johnson.
131JNPRJuniper Networks Inc.
98KOCoca-Cola Co/The.
39LVSLas Vegas Sands Corp.
87MCDMcDonald's Corp.
71MGMMGM Mirage.
113MONMonsanto Co.
63MOSMosaic Co/The.
120MRKMerck & Co Inc/NJ.
35MSMorgan Stanley.
73NLYAnnaly Capital Management Inc.
99NOKNokia OYJ.
121NVDANvidia Corp.
80ORCLOracle Corp.
61PALMPalm Inc.
37PBRPetroleo Brasileiro SA.
85PGProcter & Gamble Co/The.
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41POTPotash Corp of Saskatchewan Inc.
74RFRegions Financial Corp.
124RIGTransocean Ltd.
132RMBSRambus Inc.
103SSprint Nextel Corp.
83SDSProShares UltraShort S&P500.
122SKFProShares UltraShort Financials.
107SLBSchlumberger Ltd.
91SLViShares Silver Trust.
84SRSProShares UltraShort Real Estate.
119SSOProShares Ultra S&P500.
101STISunTrust Banks Inc.
125SVNTSavient Pharmaceuticals Inc.
92TBTProShares UltraShort 20+ Year Treasury.
14UNGUnited States Natural Gas Fund LP.
117UNHUnitedHealth Group Inc.
110UPSUnited Parcel Service Inc.
81USBUS Bancorp.
44USOUnited States Oil Fund LP.
60UYGProShares Ultra Financials.
96VVisa Inc.
10WFCWells Fargo & Co.
133WYNNWynn Resorts Ltd.
52XUnited States Steel Corp.
114XHBSPDR S&P Homebuilders ETF.
86XLIIndustrial Select Sector SPDR Fund.
79XLUUtilities Select Sector SPDR Fund.
54XRTSPDR 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) [6] of the Act and Rule 19b-4(f)(1) [7] 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.[8]

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

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-NYSEAmex-2009-79. 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 Amex's principal office and on its Internet Web site at http://www.nyse.com. All comments received will be posted without change; the Start Printed Page 58354Commission 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-NYSEAmex-2009-79 and should be submitted on or before December 3, 2009.

Start Signature

For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[9]

Florence E. Harmon,

Deputy Secretary.

End Signature End Preamble

Footnotes

4.  See SR-NYSEAmex-2009-74, filed October 26, 2009.

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5.  Index products would be included in the expansion if the underlying index level was under 200.

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6.  15 U.S.C. 78s(b)(3)(A)(i).

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8.  See 15 U.S.C. 78s(b)(3)(C).

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[FR Doc. E9-27091 Filed 11-10-09; 8:45 am]

BILLING CODE 8011-01-P