[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Pages 25005-25007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10592]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61990; File No. SR-NYSEArca-2010-25]


 Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
of Proposed Rule Change Amending the Listing and Trading of ETFS 
Palladium Trust and ETFS Platinum Trust

April 27, 2010.
    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 April 8, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the

[[Page 25006]]

``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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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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

    The Exchange proposes to amend certain rules in order to enable the 
listing and trading on the Exchange of options on the ETFS Palladium 
Trust and the ETFS Platinum Trust. The text of the proposed rule change 
is available on the Commission's Web Site at http://www.sec.gov. 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
    Recently, the U.S. Securities and Exchange Commission (``SEC'' or 
``Commission'') authorized the Exchange to list and trade options on 
the SPDR Gold Trust (``GLD'') \4\ and on the iShares COMEX Gold Trust 
(``IAU'') and the iShares Silver Trust (``SLV''),\5\ the ETFS Silver 
Trust (``SIVR'') and the ETFS Gold Trust (``SGOL'').\6\ Now, the 
Exchange proposes to list and trade options on the ETFS Palladium Trust 
(``PALL'') and the ETFS Platinum Trust (``PPLT'').
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    \4\ See Securities Exchange Act Release No. 57894 (May 30, 
2008), 73 FR 32061 (June 5, 2008) (order approving SR-NYSEArca-2008-
52).
    \5\ See Securities Exchange Act Release No. 59055 (December 4, 
2008), 73 FR 238 [sic] (December 10, 2008) (order approving SR-
NYSEArca-2008-66).
    \6\ See Securities Exchange Act Release No. 61483 (February 3, 
2010), 75 FR 6753 (February 10, 2010).
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    Currently, Rule 5.3 deems appropriate for options trading Exchange-
Traded Fund Shares (``ETFs'' or ``Fund Shares'' or ``Units'') that are 
traded on a national securities exchange and are defined as an ``NMS 
stock'' in Rule 600(b)(47) of Regulation NMS and that represent (i) 
interests in registered investment companies (or series thereof) 
organized as open-end management investment companies, unit investment 
trusts or similar entities that hold portfolios of securities and/or 
financial instruments including, but not limited to, options on 
securities and indexes, equity caps, collars and floors, swap 
agreements, forward contracts, repurchase agreements and reverse 
purchase agreements (the ``Financial Instruments''), and money market 
instruments, including, but not limited to, U.S. government securities 
and repurchase agreements (the ``Money Market Instruments'') comprising 
or otherwise based on or representing investments in indexes or 
portfolios of securities and/or Financial Instruments and Money Market 
Instruments (or that hold securities in one or more other registered 
investment companies that themselves hold such portfolios of securities 
and/or Financial Instruments and Money Marker Instruments); or (ii) 
interests in a trust or similar entity that holds a specified non-U.S. 
currency deposited with the trust or similar entity when aggregated in 
some specified minimum number may be surrendered to the trust by the 
beneficial owner to receive the specified non-U.S. currency, and pays 
the beneficial owner interest and other distributions on deposited non-
U.S. currency, if any, declared and paid by the trust; or (iii) 
commodity pool interests principally engaged, directly or indirectly, 
in holding and/or managing portfolios or baskets of securities, 
commodity futures contracts, options on commodity futures contracts, 
swaps, forward contracts and/or options on physical commodities and/or 
non-U.S. currency (``Commodity Pool Units''), or (iv) represent 
interests in the SPDR Gold Trust, are eligible as underlying securities 
for options traded on the Exchange or (iv) represent interests in the 
SPDR Gold Trust, or (v) represent interests in the iShares COMEX Gold 
Trust, or (vi) represent interests in the iShares Silver Trust, or, 
(vii) represents an interest in a registered investment company 
(``Investment Company'') organized as an open-end management investment 
company or similar entity, that invests in a portfolio of securities 
selected by the Investment Company's investment adviser consistent with 
the Investment Company's investment objectives and policies, which is 
issued in a specified aggregate minimum number in return for a deposit 
of a specified portfolio of securities and/or a cash amount with a 
value equal to the next determined net asset value (``NAV''), and when 
aggregated in the same specified minimum number, may be redeemed at a 
holder's request, which holder will be paid a specified portfolio of 
securities and/or cash with a value equal to the next determined NAV 
(``Managed Fund Share'') or, (viii) represents interest in the ETFS 
Silver Trust or the ETFS Gold Trust.\7\ This rule change proposes to 
expand the types of ETFs that may be approved for options trading on 
the Exchange to include the ETFS Palladium Trust and the ETFS Platinum 
Trust.
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    \7\ See Rule 5.3(g).
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    Apart from allowing the ETFS Palladium Trust and ETFS Platinum 
Trust to be underlyings for options traded on the Exchange as described 
above, the listing standards for ETFs will remain unchanged from those 
that apply under current Exchange rules. ETFs on which options may be 
listed and traded must still be listed and traded on a national 
securities exchange and must satisfy the other listing standards set 
forth in Rule 5.3(g).
    Specifically, in addition to satisfying the aforementioned listing 
requirements, Units must meet either (1) the criteria and guidelines 
under Rule 5.3(a) and (b) or (2) they must 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, and the issuer must be 
obligated to issue Units in a specified aggregate number even if some 
or all of the investment assets required to be deposited have not been 
received by the issuer, subject to the condition that the person 
obligated to deposit the investments has undertaken to deliver the 
investment assets as soon as possible and such undertaking is secured 
by the delivery and maintenance of collateral consisting of cash or 
cash equivalents satisfactory to the issuer, as provided in the 
respective prospectus.
    The Exchange states that the current continued listing standards 
for options on ETFs will apply to options on the ETFS Palladium Trust 
and ETFS Platinum Trust. Specifically, under Rule 5.4(k), options on 
Units may be subject to the suspension of opening transactions as 
follows: (1) Following the initial twelve-month period beginning upon 
the commencement of trading of the Units, there are fewer than 50 
record and/or beneficial holders of the Units for 30 or more 
consecutive

[[Page 25007]]

trading days; (2) the value of the underlying silver or underlying gold 
[sic] is no longer calculated or available; or (3) such other event 
occurs or condition exists that in the opinion of the Exchange makes 
further dealing on the Exchange inadvisable.
    Additionally, the ETFS Palladium Trust and ETFS Platinum Trust 
shall not be deemed to meet the requirements for continued approval, 
and the Exchange shall not open for trading any additional series of 
option contracts of the class covering the ETFS Palladium Trust or the 
ETFS Platinum Trust, respectively, if the ETFS Palladium Trust or the 
ETFS Platinum Trust ceases to be an ``NMS stock'' as provided for in 
Rule 5.4(b)(5) or the ETFS Palladium Trust or the ETFS Platinum Trust 
is halted from trading on its primary market.
    The addition of the ETFS Palladium Trust and ETFS Platinum Trust to 
Rule 5.3(g) will not have any effect on the rules pertaining to 
position and exercise limits \8\ or margin.\9\
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    \8\ See Rule 6.8 regarding positions limits, and Rule 6.9 
regarding exercise limits.
    \9\ See Rules 4.15 and 4.16 regarding margins.
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    The Exchange represents that its surveillance procedures applicable 
to trading in options on the ETFS Palladium Trust and ETFS Platinum 
Trust will be similar to those applicable to all other options on other 
ETFs currently traded on the Exchange. Also, the Exchange 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 or performance of silver or gold [sic].
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \10\ of 
the Securities Exchange Act of 1934 (the ``Act''), in general, and 
furthers the objectives of Section 6(b)(5) \11\ in particular in that 
it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, and to remove impediments to and perfect 
the mechanisms of a free and open market and a national market system.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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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

    Within 35 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) by order approve the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

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

    <bullet> Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
    <bullet> Send an e-mail to <a href="/cdn-cgi/l/email-protection#5220273e377f313d3f3f373c2621122137317c353d24"><span class="__cf_email__" data-cfemail="a6d4d3cac38bc5c9cbcbc3c8d2d5e6d5c3c588c1c9d0">[email protected]</span></a>. Please include 
File No. SR-NYSEArca-2010-25 on the subject line.

Paper Comments

    <bullet> 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 No. SR-NYSEArca-2010-25. 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 such filing also will be available for 
inspection and copying at the principal office of NYSE Arca. 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-NYSEArca-2010-25 and should be 
submitted on or before May 27, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-10592 Filed 5-5-10; 8:45 am]
BILLING CODE 8011-01-P


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