Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices 77925 

6 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release Nos. 58941 

(Nov. 13, 2008), 73 FR 70392 (Nov. 20, 2008) (SR– 

BSE–2008–50); 58985 (Nov. 10, 2008), 73 FR 72538 

(Nov. 28, 2008) (SR–ISE–2008–86); 58204 (July 22, 

2008), 73 FR 43807 (July 28, 2008) (SR–CBOE– 

2008–64); and 58203 (July 22, 2008), 73 FR 43812 

(July 28, 2008) (SR–NYSEArca-2008–57). 

4OCC previously received Commission approval 

to clear options based on Index-Linked Securities. 

See Securities Exchange Act Release No. 60872 

(Oct. 23, 2009), 74 FR 55878 (Oct. 29, 2009) (SR– 

OCC–2009–14). 5 15 U.S.C. 78f(b)(5). 

a.m. and 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– 

NYSEAmex–2010–109 and should be 

submitted on or before January 4, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–31228 Filed 12–13–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63461; File No. SR–BX– 

2010–085] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Establish 

Strike Price Intervals and Trading 

Hours for Options on Index-Linked 

Securities 

December 8, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b-4 thereunder,2

notice is hereby given that, on December 

2, 2010, NASDAQ OMX BX, Inc. (the 

‘‘Exchange’’) 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 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 the 

Supplementary Material to Chapter IV, 

Section 6 (Series of Options Contracts 

Open for Trading) and Chapter V, 

Section 3 (Days and Hours of Business) 

of the Rules of the Boston Options 

Exchange Group, LLC (‘‘BOX’’) to 

establish strike price intervals and 

trading hours for options on IndexLinked Securities. The text of the 

proposed rule change is available from 

the principal office of the Exchange, on 

the Commission’s Web site at http:// 

www.sec.gov, at the Commission’s 

Public Reference Room, and on the 

Exchange’s Web site at http:// 

nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/. 

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 

Prior to the commencement of trading 

options on Index-Linked Securities on 

BOX, the Exchange is proposing to 

establish strike price intervals and 

trading hours for these products. 

The Securities and Exchange 

Commission (the ‘‘Commission’’) has 

approved BOX’s and other option 

exchanges’ proposals to enable the 

listing and trading of options on IndexLinked Securities.3 BOX has not 

commenced trading options on IndexLinked Securities to date. Trading in 

options on Index-Linked Securities has 

commenced on other exchanges 

following the Commission’s approval of 

The Options Clearing Corporation’s 

(‘‘OCC’’) May 2010 supplement to the 

Options Disclosure Document (‘‘ODD’’) 

that provides disclosure regarding 

options on Index-Linked Securities.4

$1 Strikes for Options on Index-Linked 

Securities 

Prior to the commencement of trading 

on BOX of options on Index-Linked 

Securities that satisfy the criteria set 

forth in Chapter IV, Section 3(k) of the 

BOX Rules, the Exchange is proposing 

to establish that strike price intervals of 

$1 will be permitted where the strike 

price is less than $200. Where the strike 

price is greater than $200, $5 strikes will 

be permitted. These proposed changes 

are reflected by the proposed addition of 

Supplementary Material .01(c) to 

Chapter IV, Section 6 of the BOX Rules. 

Without discounting the differences 

between exchange-traded funds (‘‘ETFs’’) 

and Index-Linked Securities, BOX seeks 

to extend the trading conventions 

applicable to options on ETFs to options 

on Index-Linked Securities. BOX 

contends that the proposed strike price 

intervals for options on Index-Linked 

Securities are consistent with the strike 

price intervals currently permitted for 

options on ETFs. BOX believes that $1 

strike price intervals for options on 

Index-Linked Securities will provide 

investors with greater flexibility by 

allowing them to establish positions that 

are better tailored to meet their 

investment objectives. BOX has 

analyzed its capacity and represents that 

it and the Options Price Reporting 

Authority have the necessary systems 

capacity to handle the additional traffic 

associated with the listing and trading 

of an expanded number of series as 

proposed by this filing. 

Trading Hours for Options on IndexLinked Securities 

Similar to the trading hours for ETF 

options, the Exchange proposes to 

amend Chapter V, Section 3(b) of the 

BOX Rules to provide that options on 

Index-Linked Securities may be traded 

on BOX until 4:15 p.m. each business 

day. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of the Securities and 

Exchange Act of 1934 (‘‘Exchange Act’’), 

in general, and Section 6(b)(5) of the 

Exchange Act,5 in particular, that an 

exchange has rules that are designed to 

promote just and equitable principles of 

trade, and 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. In 

particular, the Exchange believes the 

proposal will lessen investor confusion 

by having strike price intervals and 

trading hours established prior to the 

commencement of trading on BOX of 

options on Index-Linked Securities. 


srobinson on DSKHWCL6B1PROD with NOTICES
77926 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s intent 

to file the proposed rule change, along with a brief 

description and text of the proposed rule change, 

at least five business days prior to the date of filing 

of the proposed rule change, or such shorter time 

as designated by the Commission. The Exchange 

has satisfied the five-day pre-filing requirement. 

8See Securities and Exchange Act Release No. 

61696 (March 12, 2010), 75 FR 13174 (March 18, 

2010) (SR–CBOE–2010–005). 

9For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

10 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 63267 

(November 8, 2010), 75 FR 69494 (‘‘Notice’’). 

5See the Registration Statement for the Trust on 

Form S–1, filed with the Commission on July 22, 

2010 (No. 333–168277) (‘‘Registration Statement’’). 

The descriptions of the Trust, the Shares and the 

gold market contained in the Notice are based on 

the Registration Statement. 

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 

Because the foregoing proposed rule 

change does not significantly affect the 

protection of investors or the public 

interest, does not impose any significant 

burden on competition, and, by its 

terms, does not become operative for 30 

days from the date on which it was 

filed, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 6 and Rule 19b4(f)(6) thereunder.7

The Exchange has requested that the 

Commission waive the 30-day operative 

delay. The Commission believes that 

waiver of the operative delay is 

consistent with the protection of 

investors and the public interest 

because the proposal is substantially 

similar to that of another exchange that 

has been approved by the Commission.8

Therefore, the Commission designates 

the proposal operative upon filing.9

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: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–BX–2010–085 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–2010–085. 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 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 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–BX– 

2010–085 and should be submitted on 

or before January 4, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–31230 Filed 12–13–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63464; File No. SR– 

NYSEArca–2010–95] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Order Granting Accelerated 

Approval of a Proposed Rule Change 

To List and Trade Shares of the ETFS 

Asian Gold Trust 

December 8, 2010. 

On September 22, 2010, NYSE Arca, 

Inc. (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to Section 19(b)(1) 1 of the Securities 

Exchange Act of 1934 (‘‘Act’’) 2 and Rule 

19b–4 thereunder,3 a proposed rule 

change to list and trade shares (‘‘Shares’’) 

of the ETFS Asian Gold Trust (‘‘Trust’’). 

The proposed rule change was 

published in the Federal Register on 

November 12, 2010.4 The Commission 

received no comments on the proposal. 

This order approves the proposed rule 

change on an accelerated basis. 

I. Description of the Proposal 

The Exchange proposes to list and 

trade Shares pursuant to NYSE Arca 

Equities Rule 8.201, which governs the 

listing and trading of Commodity-Based 

Trust Shares. The Exchange represents 

that the Shares satisfy the requirements 

of NYSE Arca Equities Rule 8.201 and 

thereby qualify for listing on the 

Exchange. 

The Trust will issue Shares, which 

represent units of fractional undivided 

beneficial interest in and ownership of 

the Trust. The investment objective of 

the Trust is for the Shares to reflect the 

performance of the price of gold bullion, 

less the expenses of the Trust’s 

operations.5

The Exchange deems the Shares to be 

equity securities, which subjects the 

Shares to the Exchange’s existing rules 


srobinson on DSKHWCL6B1PROD with NOTICES