Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Notices 33883 

12See NYSE Amex Rules 904 and 905; NYSE 

Arca Rules 6.8 and 6.9. 

13See NYSE Amex Rule 462 and NYSE Arca 

Rules 4.15 and 4.16. 

14 In approving these proposed rule changes, the 

Commission has considered the proposed rules’ 

impact on efficiency, competition, and capital 

formation. 15 U.S.C. 78c(f). 

15 15 U.S.C. 78f. 

16 15 U.S.C. 78f(b)(5). 

17 15 U.S.C. 78f(b)(1). 

18See NASD Rule 2320. 

19See NYSE Amex Rule 926; and NYSE Arca 

Rule 9.18(g). 

20See FINRA Rule 2360(b) and NYSE Amex Rule 

923; and NYSE Arca Rule 9.18(b)–(c). 

21See NYSE Amex Rule 991NY and NYSE Arca 

Rule 6.94. Each of the exchanges is a participant in 

the Options Order Protection and Locked/Crossed 

Market Plan. 

22 17 CFR 242.600. 

23See NYSE Amex Rules 904 and 905; NYSE 

Arca Rules 6.8 and 6.9. 

24See NYSE Amex Rule 462 and NYSE Arca 

Rules 4.15 and 4.16; see also FINRA Rule 2360(b) 

and Commentary .01 to FINRA Rule 2360. 

25 15 U.S.C. 78s(b)(2). 

26 17 CFR 200.30–3(a)(12). 

on ETFs will apply to options on the 

PALL and the PPLT. Both Exchanges 

will consider the suspension of opening 

transactions in PALL or PPLT in any of 

the following circumstances: (1) 

Following the initial twelve-month 

period beginning upon the 

commencement of trading of the ETFs, 

there are fewer than 50 record and/or 

beneficial holders of the ETFs for 30 or 

more consecutive trading days; (2) the 

value of the underlying palladium or 

underlying platinum is no longer 

calculated or available; or (3) such other 

event occurs or condition exists that in 

the opinion of each Exchange makes 

further dealing on each Exchange 

inadvisable. 

Additionally, the PALL and the PPLT 

shall not be deemed to meet the 

requirements for continued approval, 

and the Exchanges shall not open for 

trading any additional series of option 

contracts of the class covering the PALL 

and the PPLT, respectively, if the PALL 

and the PPLT ceases to be an ‘‘NMS 

stock’’ as provided for in NYSE Amex 

Rule 916, Commentary .07(2) and NYSE 

Arca Rule 5.4(b)(5), or if the PALL or the 

PPLT is halted from trading on its 

primary market, or, for NYSE Amex, if 

PALL or PPLT is delisted. 

The addition of the PALL and PPLT 

will not have any effect on the 

Exchanges’ rules pertaining to position 

and exercise limits 12 or margin.13

The Exchanges represent that their 

surveillance procedures applicable to 

trading in options on the PALL and 

PPLT will be similar to those applicable 

to all other options on other ETFs 

currently traded on the respective 

Exchange. Also, the Exchanges may 

obtain information from the New York 

Mercantile Exchange, Inc. (‘‘NYMEX’’) (a 

member of the Intermarket Surveillance 

Group) related to any financial 

instrument traded there that is based, in 

whole or part, upon an interest in the 

performance of palladium or platinum. 

II. Commission Findings 

After careful consideration, the 

Commission finds that the Proposals are 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder applicable to a national 

securities exchange,14 and, in particular, 

the requirements of Section 6 of the 

Act.15 Specifically, the Commission 

finds that the Proposals are consistent 

with Section 6(b)(5) of the Act,16 which 

requires, among other things, that the 

rules of a national securities exchange 

be designed to 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 general public 

interest. In accordance with the 

Memorandum of Understanding entered 

into between the Commodity Futures 

Trading Commission (‘‘CFTC’’) and the 

Commission on March 11, 2008, and, in 

particular, the addendum thereto 

concerning Principles Governing the 

Review of Novel Derivative Products, 

the Commission believes that novel 

derivative products that implicate areas 

of overlapping regulatory concern 

should be permitted to trade in either or 

both a CFTC- or Commission-regulated 

environment, in a manner consistent 

with laws and regulations (including the 

appropriate use of all available 

exemptive and interpretive authority). 

As national securities exchanges, 

NYSE Amex and NYSE Arca are 

required, under Section 6(b)(1) of the 

Act,17 to enforce compliance by their 

members, and persons associated with 

their members, with the provisions of 

the Act, Commission rules and 

regulations thereunder, and their own 

rules. In addition, brokers that trade 

ETFS Options will also be subject to 

best execution obligations and FINRA 

rules.18 Applicable rules of the 

Exchanges also require that customers 

receive appropriate disclosure before 

trading ETFS Options.19 Further, 

brokers opening accounts and 

recommending options transactions 

must comply with relevant customer 

suitability standards.20

ETFS Options will trade as options 

under the trading rules of NYSE Amex 

and NYSE Arca. These rules, among 

other things, are designed to avoid 

trading through better displayed prices 

for ETFS Options available on other 

exchanges and, thereby, satisfy NYSE 

Amex and NYSE Arca’s obligations 

under the Options Order Protection and 

Locked/Crossed Market Plan.21 Series of 

the ETFS Options will be subject to the 

Exchanges’ rules regarding continued 

listing requirements, including 

standards applicable to the underlying 

ETFS Palladium and ETFS Platinum 

Trusts. Shares of the PALL and PPLT 

must continue to be traded through a 

national securities exchange or through 

the facilities of a national securities 

association, and must be ‘‘NMS stock’’ as 

defined under Rule 600(b)(47) of 

Regulation NMS.22 In addition, the 

underlying shares must continue to be 

available for creation or redemption 

each business day from or through the 

issuer in cash or in kind at a price 

related to net asset value. If the PALL or 

PPTL shares fail to meet these 

requirements, the exchanges will not 

open for trading any new series of the 

respective ETFS Options. 

NYSE Amex and NYSE Arca have 

represented that they have surveillance 

programs in place for the listing and 

trading of ETFS Options. For example, 

NYSE Amex and NYSE Arca may obtain 

trading information via the ISG from the 

NYMEX, related to any financial 

instrument traded there that is based, in 

whole or in part, upon an interest in, or 

performance of, palladium or platinum. 

Additionally, the listing and trading of 

ETFS Options will be subject to the 

Exchanges’ rules pertaining to position 

and exercise limits 23 and margin.24

III. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,25 that the 

proposed rule changes (SR– 

NYSEAmex–2010–37 and SR– 

NYSEArca–2010–25) be, and are hereby, 

approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.26

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–14358 Filed 6–14–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 7046] 

Notice of Extension of Public 

Comment Period for the Proposed 

Keystone XL Pipeline Project; Draft 

Environmental Impact Statement and 

Notice of Additional Public Comment 

Meetings 

AGENCY: Department of State. 

mstockstill on DSKH9S0YB1PROD with NOTICES

33884 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Notices 

ACTION: Notice—Extension of public 

comment period and additional public 

comment meetings. 

SUMMARY: The Department of State 

(DOS) is extending the public comment 

period for the Keystone XL Pipeline 

Project Draft Environmental Impact 

Statement (DEIS) until Friday, July 2, 

2010. On April 20, 2010, the DOS 

provided Federal Register notice (75 FR 

20653) of the availability of the DEIS 

and notice of nineteen public comment 

meetings to be held during three weeks 

in May, 2010 along the proposed 

pipeline route in Oklahoma, Kansas, 

Nebraska, Texas and Montana. That 

Federal Register notice also provided 

additional information regarding the 

DEIS and requested the submission of 

all comments by May 31, 2010. On April 

30, 2010, in response to requests from 

several organizations, the DOS extended 

the public comment period until 

Wednesday, June 16, 2010 (75 FR 

22890). As noted, the DOS is now 

extending the public comment period 

for a second time until Friday, July 2, 

2010. 

At the request of various stakeholders, 

DOS will also hold two additional 

public comment meetings in Houston 

and Washington, DC. DOS 

representatives will be present to 

receive written comments from the 

public and a court reporter will be 

present at both locations to transcribe 

oral comments from the public. 

Extended Deadline for Public 

Comment Period: Comments on the 

DEIS should be received or postmarked 

no later than Friday, July 2, 2010. 

Dates and Locations for Additional 

Public Comment Meetings 

Houston 

June 18, 2010, 7–9 p.m. 

Location: Channelview High School, 

Auditorium in New Campus, 1100 

Sheldon Road, Channelview, TX, 77530. 

Washington, DC 

June 29, 2010, 12:30–2:30 p.m. 

Location: U.S. Department of State, 

Marshall Conference Center, East 

Auditorium, 2201 C Street, NW., 

Washington, DC 20520. 

Directions: Anyone wishing to attend 

the public comment meeting in 

Washington, DC must enter the State 

Department via the 21st street entrance 

between Virginia Avenue and C Street. 

Proceed through the security check 

point in front of the 21st Street, 

entrance, enter the building, and then 

enter the Marshall Conference Center 

directly to the left. Laws and regulations 

regarding entering a Federal building 

will be in effect. 

Written Comments: You may submit 

written comments by the following 

methods: 

• Electronically, using the online 

comment form, available on the 

Keystone XL Project Web site: http:// 

www.keystonepipeline-xl.state.gov. This 

is the preferred method for commenting. 

• By mail addressed to: Elizabeth 

Orlando, Keystone XL Project Manager, 

U.S. Department of State, OES/ENV 

Room 2657, Washington, DC 20520. 

Please note that DOS mail can be 

delayed due to security screening. 

• Fax to: (202) 647–1052, attention 

Elizabeth Orlando. 

FOR FURTHER INFORMATION CONTACT: For 

information on the proposed Project or 

the DEIS contact Elizabeth Orlando, 

OES/ENV Room 2657, U.S. Department 

of State, Washington, DC 20520, or by 

telephone (202) 647–4284, or by fax at 

(202) 647–1052. You may also visit the 

Project Web site: http:// 

www.keystonepipeline-xl.state.gov. 

Dated: June 9, 2010. 

Stephen J. Gallogly, 

Director, Office of International Energy and 

Commodity Policy, Bureau of Economic, 

Energy, and Business Affairs, U.S. 

Department of State. 

[FR Doc. 2010–14377 Filed 6–14–10; 8:45 am] 

BILLING CODE 4710–07–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2010 0053] 

Information Collection Available for 

Public Comments and 

Recommendations 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Maritime 

Administration’s (MARAD’s) intention 

to request extension of approval for 

three years of a currently approved 

information collection. 

DATES: Comments should be submitted 

on or before August 16, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Brown, Maritime Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590; Telephone: 

(202) 366–5178, FAX: (202) 366–5904; 

or E–Mail: sheila.brown@dot.gov. 

Copies of this collection can also be 

obtained from that office. 

SUPPLEMENTARY INFORMATION: 

Maritime Administration (MARAD) 

Title of Collection: Elements of 

Request for Course Approval. 

Type of Request: Extension of a 

currently approved collection. 

OMB Control Number: 2133–0535. 

Form Numbers: None. 

Expiration Date of Approval: Three 

years from date of approval by the 

Office of Management and Budget. 

Summary of Collection of 

Information: Under this proposed 

voluntary collection, public and private 

maritime security training course 

providers may choose to provide the 

Maritime Administration (MARAD) 

with information concerning the content 

and operation of their courses. MARAD 

will use this information to evaluate 

whether the course meets the training 

standards and curriculum promulgated 

under Section 109 of the Maritime 

Transportation Security Act of 2002 

(MTSA) (Pub. L. 107–295). Courses 

found to meet these standards will 

receive a course approval. 

Need and Use of the Information: 

This information collection is needed to 

facilitate the approval of maritime 

security training courses that meet the 

standards and curriculum developed 

under the MTSA. 

Description of Respondents: 

Respondents are public and private 

maritime security course training 

providers. 

Annual Responses: 99. 

Annual Burden: 990 hours. 

Comments: Comments should refer to 

the docket number that appears at the 

top of this document. Written comments 

may be submitted to the Docket Clerk, 

U.S. DOT Dockets, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. Comments also 

may be submitted by electronic means 

via the Internet at http:// 

www.regulations.gov./search/index.jsp. 

Specifically address whether this 

information collection is necessary for 

proper performance of the functions of 

the agency and will have practical 

utility, accuracy of the burden 

estimates, ways to minimize this 

burden, and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. All 

comments received will be available for 

examination at the above address 

between 10 a.m. and 5 p.m. EDT (or 

EST), Monday through Friday, except 

Federal Holidays. An electronic version 

of this document is available on the 

World Wide Web at http:// 

www.regulations.gov/search/index.jsp. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

mstockstill on DSKH9S0YB1PROD with NOTICES