Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Reflect a Modification to the Permitted Components of the Tracking Basket of the Hartford Large Cap Growth ETF, and To Permit the Use of Custom Baskets by the Hartford Large Cap Growth ETF, the Invesco US Large Cap Core ETF, and the Invesco Real Assets ESG ETF, 15283-15286 [2022-05601]
Download as PDF
<![CDATA[
15283
Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Notices
TABLE 1—SUMMARY OF REVISED BURDEN HOURS FOR REPORTS ON FORM N–CSR
Funds and filings
Form N–CSR .......................................................................
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In total, the Commission estimates it
will take 227,137 burden hours per year
for all funds to prepare and file reports
on Form N–CSR. Commission staff
estimates that the annual cost of outside
services associated with Form N–CSR is
approximately $203 per fund and the
total annual external cost burden for
Form N–CSR is $5,949,524.4
Estimates of average burden hours
and costs are made solely for the
purposes of the Paperwork Reduction
Act, and are not derived from a
comprehensive or even representative
survey or study of the costs of
Commission rules and forms.
Compliance with the collection of
information requirements of Form N–
CSR is mandatory. Responses to the
collection of information will not be
kept confidential. An agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
The public may view the background
documentation for this information
collection at the following website,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to:
Lindsay.M.Abate@omb.eop.gov; and (ii)
David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John R.
Pezzullo 100 F Street NE, Washington,
DC 20549 or send an email to: PRA_
Mailbox@sec.gov. Written comments
and recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice April 18, 2022 to
www.reginfo.gov/public/do/PRAMain.
3 This estimate is based on the number of
registered management companies as calculated by
the filing type: 1,403 N–1A registrants (13,248
funds); 693 N–2 registrants (691 funds); 5 N–3
registrants (14 funds); 417 N–4 registrants (418
funds); 235 N–6 registrants (236 funds); 47
N–8B–2 registrants (47 funds).
4 This estimate is based on the following
calculation: 14,654 funds × $203 per filing × 2
filings per year = $5,949,524.
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Number of
funds
Number of
annual filings
Number of
total filings
Hour burden
per fund per
filing
Total annual
hour burden
(A)
(B)
(C) = (A) × (B)
(D)
(E) = (C) × (D)
14,654 3
2
29,308
7.75
227,137
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
Dated: March 14, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–05679 Filed 3–16–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–94402; File No. SR–
CboeBZX–2022–016]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Reflect a
Modification to the Permitted
Components of the Tracking Basket of
the Hartford Large Cap Growth ETF,
and To Permit the Use of Custom
Baskets by the Hartford Large Cap
Growth ETF, the Invesco US Large Cap
Core ETF, and the Invesco Real Assets
ESG ETF
March 11, 2022.
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 March 4,
2022, Cboe BZX Exchange, Inc. filed
with the Securities and Exchange
Commission (‘‘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
Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) proposes to (i)
permit the Hartford Large Cap Growth
ETF (the ‘‘Fund’’), shares of which are
listed and traded on the Exchange under
BZX Rule 14.11(m), to include select
1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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Annual time burden (hours)
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securities from which a Fund’s
investments are selected such as a
broad-based market index (‘‘Investment
Universe’’) in the Fund’s Tracking
Basket, and (ii) permit the Fund and
certain other series of Tracking Fund
Shares that are listed and traded on the
Exchange to use Custom Baskets.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
equities/regulation/rule_filings/bzx/), at
the Exchange’s Office of the Secretary,
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
Exchange 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
Exchange 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
The Exchange adopted BZX Rule
14.11(m) for the purpose of permitting
the listing and trading, or pursuant to
unlisted trading privileges (‘‘UTP’’), of
Tracking Fund Shares, which are
securities issued by an actively managed
open-end management investment
company.3 Exchange Rule
3 See Securities Exchange Act Release No. 93273
(October 7, 2021), 86 FR 57237 (October 14, 2021)
(SR–CboeBZX–2021–063) (Notice and Immediate
Effectiveness of a Proposed Rule Change To List
and Trade Shares of Hartford Large Cap Growth
ETF, a Series of Hartford Funds Exchange-Traded
Trust, Under Rule 14.11(m), Tracking Fund Shares
(the ‘‘Original Filing’’)). Rule 14.11(m)(3)(A)
provides that ‘‘[t]he term ‘‘Tracking Fund Share’’
means a security that (i) represents an interest in
an investment company registered under the
Continued
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Notices
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14.11(m)(2)(A) requires the Exchange to
file separate proposals under Section
19(b) of the Act before listing and
trading any series of Tracking Fund
Shares on the Exchange. Pursuant to
this provision, the Exchange submitted
proposals to list and trade shares
(‘‘Shares’’) of Tracking Fund Shares of
the Fund.
The Fund is an actively-managed
exchange-traded fund for which the
Hartford Funds Exchange-Traded Trust
(the ‘‘Issuer’’) submitted an application
for exemptive relief (the ‘‘Application’’)
which was granted under an exemptive
order (the ‘‘Exemptive Order’’, and the
Exemptive Order together with the
Application the ‘‘Exemptive Relief’’)
issued on August 5, 2021.4 The Fund’s
Application incorporated the conditions
and requirements to an exemptive order
from the SEC under the 1940 Act (15
U.S.C. 80a–1) (the ‘‘Reference Order’’) 5
to Fidelity Management & Research
Company and FMR Co., Inc., Fidelity
Beach Street Trust, and Fidelity
Distributors Corporation (collectively
referred to as ‘‘Fidelity’’). Moreover, the
relief in the Exemptive Order
incorporates by reference terms and
conditions of the same relief of the
Reference Order, as that order may be
amended from time to time.
Pursuant to the Reference Order,
funds operating under such Reference
Order are required to publish a basket
of securities and cash that, while
different from the fund’s portfolio, is
designed to closely track its daily
performance (i.e., the Tracking Basket).
Further, it provided that the Tracking
Investment Company Act of 1940 (‘‘Investment
Company’’) organized as an open-end management
investment company, 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; (ii)
is issued in a specified aggregate minimum number
in return for a deposit of a specified Tracking
Basket and/or a cash amount with a value equal to
the next determined net asset value; (iii) when
aggregated in the same specified minimum number,
may be redeemed at a holder’s request, which
holder will be paid a specified Tracking Basket and/
or a cash amount with a value equal to the next
determined net asset value; and (iv) the portfolio
holdings for which are disclosed within at least 60
days following the end of every fiscal quarter. Rule
14.11(m)(3)(E) provides that ‘‘[t]he term ‘‘Tracking
Basket’’ means the identities and quantities of the
securities and other assets included in a basket that
is designed to closely track the daily performance
of the Fund Portfolio, as provided in the exemptive
relief under the Investment Company Act of 1940
applicable to a series of Tracking Fund Shares.’’
4 See Investment Company Release No. 34324
(July 7, 2021) 86 FR 36839 (July 13, 2021) (the
Application) and 34351 (August 5, 2021) (the
Exemptive Order) (File No. 812–15232).
5 See Investment Company Act Release No. 33683
(November 14, 2019), 84 FR 64140 (November 20,
2019) (the Fidelity notice of application) and 33712
(December 10, 2019) (the Reference Order) (File No.
812–14364).
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17:38 Mar 16, 2022
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Basket will solely consist of a
combination of (i) select recently
disclosed portfolio holdings (‘‘Strategy
Components’’); (ii) liquid U.S.
exchange-traded funds (‘‘ETFs’’) that
convey information about the types of
instruments (that are not otherwise fully
represented by the Strategy
Components) in which a fund invests
(‘‘Representative ETFs’’); and (iii) cash
and cash equivalents.
On August 5, 2021, the Reference
Order, and by incorporation the
Exemptive Relief, was amended to,
among other things, permit the Issuer to
include select securities from which a
Fund’s investments are selected such as
a broad-based market index
(‘‘Investment Universe’’) in the Fund’s
Tracking Basket.6 Based on this change,
the Exchange is submitting this proposal
to permit the Fund to include select
securities from the Investment Universe
in the Fund’s Tracking Basket. Such an
amendment will allow the Fund to
utilize such provision in accordance
with the amended Reference Order and
its Exemptive Relief and the Exchange
is updating the listing rule for the
Shares accordingly.
Pursuant to the Reference Order, the
Fund and the Invesco US Large Cap
Core ETF and Invesco Real Assets ESG
ETF 7 (collectively, the ‘‘Fidelity Model
Funds’’) create shares in return for a
deposit by the purchaser of, and redeem
shares at a holder’s request in return for,
a Tracking Basket or cash. Furthermore,
the original filings to list and trade
shares of the Fidelity Model Funds
provided that each of the Fidelity Model
Fund would create and redeem their
shares using the Tracking Basket or
6 See Investment Company Act Release No. 34326
(July 9, 2021) 86 FR 37391 (July 15, 2021) (the
Fidelity notice of application to amend the
Reference Order) and 34350 (August 5, 2021) (the
order granting the amendment to the Reference
Order).
7 Similar to the Fund, the exemptive relief
provided Invesco US Large Cap Core ETF and
Invesco Real Assets ESG ETF incorporates by
reference the terms and conditions of the same
relief of the Reference Order, as that order may be
amended from time to time. See Investment
Company Act Release No. 34041 (October 1, 2020)
85 FR 63325 (October 7, 2020) (the application for
exemptive relief) and 34076 (October 27, 2020) (the
exemptive order, together with the application for
exemptive relief referred to as the ‘‘Invesco
Exemptive Relief’’) (File No. 812–15141). Further,
the shares of the Invesco US Large Cap Core ETF
and Invesco Real Assets ESG ETF are listed and
traded on the Exchange. See Securities and
Exchange Act No. 90686 (December 16, 2020) 85 FR
83657 (December 22, 2020) (SR–CboeBZX–2020–
090) (Notice of filing and immediate effectiveness
of a proposed rule to list and trade shares of the
Invesco Real Assets ESG ETF and the Invesco US
Large Cap Core ESG ETF, each a series of the
Invesco Actively Managed Exchange-Traded Fund
Trust, under Rule 14.11(m) (Tracking Fund
Shares)).
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
cash. The August 5, 2021 amendments
to the Reference Order allow the
Fidelity Model Funds to create and
redeem their shares using cash, a
Tracking Basket or a ‘‘Custom Basket’’,
which is a creation or redemption unit
that differs from a fund’s Tracking
Basket.8 Additionally, on September 28,
2021 the Commission approved the
Exchange’s proposal to amend Exchange
Rule 14.11(m) to provide for the use of
Custom Baskets consistent with each of
the Fidelity Model Funds respective
exemptive relief.9
Now, the Exchange is submitting this
proposal to modify representations
made in the original filing of each
Fidelity Model Fund that provided that
creation and redemption will occur
using the Tracking Basket or cash.
Specifically, the proposal would permit
the Fidelity Model Funds to use a
Custom Basket, in addition to a
Tracking Basket or cash, to create or
redeem their shares in accordance with
their respective exemptive relief and
amended Exchange Rule 14.11(m).10
Accordingly, the issuers of each of the
Fidelity Model Funds each represent
that it and any person acting on behalf
of such fund will comply with
Regulation Fair Disclosure under the
Act,11 including with respect to any
Custom Basket. Each issuer also
represents that for each Custom Basket
utilized by each Fidelity Model Fund,
each business day, before the opening of
trading in Regular Trading Hours (as
defined in Rule 1.5(w)), the investment
company shall make publicly available
on its website the composition of any
8 Supra
note 6.
Securities and Exchange Act No. 93147
(September 28, 2021) 86 FR 54772 (October 4, 2021)
(SR–CboeBZX–2021–053) (Order granting approval
of a proposed rule to change to amend Rule
14.11(m) (Tracking Fund Shares) to provide the use
of Custom Baskets consistent with the exemptive
relief issued pursuant to the Investment Company
Act of 1940 applicable to a series of Tracking Fund
Shares).
10 BZX has already modified the listing rules for
the Invesco US Large Cap Core ESG ETF and
Invesco Real Assets ESG ETF to permit each of the
funds to include select securities from its respective
Investment Universe in the fund’s Tracking Basket.
See Securities Exchange Act No. 93546 (November
9, 2021) 86 FR 63429 (November 16, 2021) (SR–
CboeBZX–2021–075) (Notice of filing and
immediate effectiveness of a proposed rule change
to reflect a modification to the permitted
components of the Tracking Baskets of the Invesco
Real Assets ESG ETF and Invesco US Large Cap
Core ESG ETF).
11 17 CFR 243.100–243.103. Regulation Fair
Disclosure provides that whenever an issuer, or any
person acting on its behalf, discloses material
nonpublic information regarding that issuer or its
securities to certain individuals or entities—
generally, securities market professionals, such as
stock analysts, or holders of the issuer’s securities
who may well trade on the basis of the
information—the issuer must make public
disclosure of that information.
9 See
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Custom Basket transacted on the
previous business day, except a Custom
Basket that differs from the applicable
Tracking Basket only with respect to
cash. Finally, the adviser and subadviser to each of the Fidelity Model
Funds each represent that a fire wall
exists and will be maintained between
the respective personnel at each of (i)
the adviser and sub-adviser, and (ii)
their respective affiliated broker-dealers
with respect to access to information
concerning the composition and/or
changes to the applicable fund’s
portfolio, Tracking Basket, and/or the
Custom Basket, as applicable.
Specifically, the adviser and the subadviser each represent that the
personnel who make decisions on the
applicable fund’s portfolio composition,
Tracking Basket, and/or Custom Basket
or who have access to nonpublic
information regarding the Fund
Portfolio,12 Tracking Basket, and/or
Creation Basket or changes thereto are
subject to procedures designed to
prevent the use and dissemination of
material non-public information
regarding such portfolio, Tracking
Basket, and/or Creation Basket. In the
event that (a) the adviser or a subadviser becomes registered as a brokerdealer or newly affiliated with a brokerdealer; or (b) any new adviser or subadviser is a registered broker-dealer or
becomes newly affiliated with a brokerdealer; it will implement and maintain
a fire wall with respect to its relevant
personnel or such broker-dealer affiliate,
as applicable, regarding access to
information concerning the composition
and/or changes to the Fund Portfolio,
Tracking Basket, and/or Creation Basket,
and will be subject to procedures
designed to prevent the use and
dissemination of material nonpublic
information regarding such portfolio,
Tracking Basket, and/or Creation Basket.
Any person or entity, including any
service provider for any of the Fidelity
Model Funds, who has access to
nonpublic information regarding the
Fund Portfolio, Tracking Basket, and/or
Creation Basket or changes thereto for
the Custom Basket Fund will be subject
to procedures designed to prevent the
use and dissemination of material
nonpublic information regarding the
Fund Portfolio, Tracking Basket or
Creation Basket or changes thereto.
Further, any such person or entity that
is registered as a broker-dealer or
affiliated with a broker-dealer, must
12 As defined in Rule 14.11(m)(3)(B), the term
‘‘Fund Portfolio’’ means the identities and
quantities of the securities and other assets held by
the Investment Company that will form the basis for
the Investment Company’s calculation of net asset
value at the end of the business day.
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Jkt 256001
have erected and will maintain a ‘‘fire
wall’’ between the person or entity and
the broker-dealer with respect to access
to information concerning the
composition and/or changes to such
Fund Portfolio, Tracking Basket, or
Creation Basket.
Each of the Fidelity Model Funds will
comply with the above-described
conditions as well as the conditions of
the Reference Order, as amended, and
the Exchange is updating the listing rule
for the Shares accordingly. Except for
the changes noted above, all other
representations made in prior filings for
each Fidelity Model Fund 13 remain
unchanged and will continue to
constitute continued listing
requirements for each of the Fidelity
Model Funds. The Fidelity Model
Funds will also continue to comply
with the requirements of Rule 14.11(m).
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with Act and
the rules and regulations thereunder
applicable to the Exchange and, in
particular, the requirements of Section
6(b) of the Act.14 Specifically, the
Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 15 requirements that the rules of
an exchange be 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 regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, 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 public interest.
The proposed rule change is designed
to perfect the mechanism of a free and
open market and, in general, to protect
investors and the public interest. The
proposed amendments would (i) permit
the Issuer to include select securities
from the Fund’s Investment Universe in
the Fund’s Tracking Basket, and (ii)
permit each of the Fidelity Model Funds
the use of Custom Baskets, as provided
in the amended Reference Order. The
proposed rule change would permit the
Fidelity Model Funds to operate
consistent with their respective
exemptive relief, which incorporates the
Reference Order that may be amended
from time to time. The Exchange
believes that the proposal to permit the
Issuer to include select securities from
13 Supra
notes 3 and 6.
U.S.C. 78f(b).
15 15 U.S.C. 78f(b)(5).
14 15
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15285
the Fund’s Investment Universe in the
Fund’s Tracking Basket raises no novel
issues under the Act.16 Further, the
Exchange believes the proposal to
permit the Fidelity Model Funds the use
of Custom Baskets is consistent with
and contemplated by Rule 14.11(m), as
amended, which the Commission found
to be consistent with the Act.17
Except for the changes noted above,
all other representations made in the
prior filings for each of the Fidelity
Model Funds 18 remain unchanged and,
as noted, will continue to constitute
continuing listing requirements for the
Funds.
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 purpose of the Act. As noted, the
proposed amendments are intended to
(i) permit the Issuer to include select
securities from the Fund’s Investment
Universe in the Fund’s Tracking Basket,
and (ii) permit each of the Fidelity
Model Funds the use of Custom Baskets,
as provided in the amended Reference
Order. The Exchange believes that these
changes will not impose any burden on
competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange 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: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) 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
16 See Securities and Exchange Act No. 92946
(September 13, 2021) 86 FR 51941 (September 17,
2021) (SR–CboeBZX–2021–060) (Notice of filing
and immediate effectiveness of a proposed rule
change to reflect an Amendment to the Application
and Exemptive Order governing the following
funds, shares of which are listed and traded on the
Exchange under BZX Rule 14.11(m): Fidelity
Growth Opportunities ETF, Fidelity Magellan ETF,
Fidelity Real Estate Investment ETF, Fidelity SmallMid Cap Opportunities ETF, Fidelity Blue Chip
Value ETF, Fidelity Blue Chip Growth ETF, and
Fidelity New Millennium ETF). See also supra note
10.
17 Supra note 9.
18 Supra notes 3 and 6.
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19(b)(3)(A) of the Act 19 and Rule 19b–
4(f)(6) 20 thereunder.21
A proposed rule change filed under
Rule 19b–4(f)(6) 22 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),23 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposed
rule change may take effect upon filing.
The Exchange represents that the Funds
will continue to comply with the
requirements of BZX Rule 14.11(m). The
Commission believes that waiver of the
30-day operative delay is consistent
with the protection of investors and the
public interest because the proposed
rule change does not raise any new or
novel issues.24 Accordingly, the
Commission waives the 30-day
operative delay and designates the
proposal operative upon filing.25
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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
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:
19 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
21 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its 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
satisfied this requirement.
22 17 CFR 240.19b–4(f)(6).
23 17 CFR 240.19b–4(f)(6)(iii).
24 See Securities Exchange Act Release Nos.
93147, supra note 9, and 93546, supra note 10.
25 For 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).
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20 17
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17:38 Mar 16, 2022
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Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CboeBZX–2022–016 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CboeBZX–2022–016. This
file number should be included on the
subject line if email 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 website (https://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 website 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
10:00 a.m. and 3:00 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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CboeBZX–2022–016 and
should be submitted on or before April
7, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.26
Eduardo Aleman,
Assistant Secretary.
[FR Doc. 2022–05601 Filed 3–16–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–94400; File No. SR–
NASDAQ–2022–021]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend the
Exchange Registration Rules in
General 4
March 11, 2022.
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 March 7,
2022, The Nasdaq Stock Market LLC
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II below, which Items have been
substantially 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
General 4, Rule 1240 (Continuing
Education Requirements). While these
amendments are effective upon filing,
the Exchange has designated the
proposed amendments to be operative
on March 15, 2022.
The text of the proposed rule change
is available on the Exchange’s website at
https://www.listingcenter.nasdaq.com/
rulebook/nasdaq/rules, at the principal
office of the Exchange, 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
Exchange 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
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
1 15
26 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00096
Fmt 4703
Sfmt 4703
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
E:\FR\FM\17MRN1.SGM
17MRN1
]]>Agencies
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Notices]
[Pages 15283-15286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05601]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-94402; File No. SR-CboeBZX-2022-016]
Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Reflect a
Modification to the Permitted Components of the Tracking Basket of the
Hartford Large Cap Growth ETF, and To Permit the Use of Custom Baskets
by the Hartford Large Cap Growth ETF, the Invesco US Large Cap Core
ETF, and the Invesco Real Assets ESG ETF
March 11, 2022.
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 March 4, 2022, Cboe BZX Exchange, Inc. filed with the Securities and
Exchange Commission (``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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
(i) permit the Hartford Large Cap Growth ETF (the ``Fund''), shares of
which are listed and traded on the Exchange under BZX Rule 14.11(m), to
include select securities from which a Fund's investments are selected
such as a broad-based market index (``Investment Universe'') in the
Fund's Tracking Basket, and (ii) permit the Fund and certain other
series of Tracking Fund Shares that are listed and traded on the
Exchange to use Custom Baskets.
The text of the proposed rule change is also available on the
Exchange's website (https://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, 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 Exchange 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 Exchange 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
The Exchange adopted BZX Rule 14.11(m) for the purpose of
permitting the listing and trading, or pursuant to unlisted trading
privileges (``UTP''), of Tracking Fund Shares, which are securities
issued by an actively managed open-end management investment
company.\3\ Exchange Rule
[[Page 15284]]
14.11(m)(2)(A) requires the Exchange to file separate proposals under
Section 19(b) of the Act before listing and trading any series of
Tracking Fund Shares on the Exchange. Pursuant to this provision, the
Exchange submitted proposals to list and trade shares (``Shares'') of
Tracking Fund Shares of the Fund.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 93273 (October 7,
2021), 86 FR 57237 (October 14, 2021) (SR-CboeBZX-2021-063) (Notice
and Immediate Effectiveness of a Proposed Rule Change To List and
Trade Shares of Hartford Large Cap Growth ETF, a Series of Hartford
Funds Exchange-Traded Trust, Under Rule 14.11(m), Tracking Fund
Shares (the ``Original Filing'')). Rule 14.11(m)(3)(A) provides that
``[t]he term ``Tracking Fund Share'' means a security that (i)
represents an interest in an investment company registered under the
Investment Company Act of 1940 (``Investment Company'') organized as
an open-end management investment company, 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; (ii) is issued in a specified
aggregate minimum number in return for a deposit of a specified
Tracking Basket and/or a cash amount with a value equal to the next
determined net asset value; (iii) when aggregated in the same
specified minimum number, may be redeemed at a holder's request,
which holder will be paid a specified Tracking Basket and/or a cash
amount with a value equal to the next determined net asset value;
and (iv) the portfolio holdings for which are disclosed within at
least 60 days following the end of every fiscal quarter. Rule
14.11(m)(3)(E) provides that ``[t]he term ``Tracking Basket'' means
the identities and quantities of the securities and other assets
included in a basket that is designed to closely track the daily
performance of the Fund Portfolio, as provided in the exemptive
relief under the Investment Company Act of 1940 applicable to a
series of Tracking Fund Shares.''
---------------------------------------------------------------------------
The Fund is an actively-managed exchange-traded fund for which the
Hartford Funds Exchange-Traded Trust (the ``Issuer'') submitted an
application for exemptive relief (the ``Application'') which was
granted under an exemptive order (the ``Exemptive Order'', and the
Exemptive Order together with the Application the ``Exemptive Relief'')
issued on August 5, 2021.\4\ The Fund's Application incorporated the
conditions and requirements to an exemptive order from the SEC under
the 1940 Act (15 U.S.C. 80a-1) (the ``Reference Order'') \5\ to
Fidelity Management & Research Company and FMR Co., Inc., Fidelity
Beach Street Trust, and Fidelity Distributors Corporation (collectively
referred to as ``Fidelity''). Moreover, the relief in the Exemptive
Order incorporates by reference terms and conditions of the same relief
of the Reference Order, as that order may be amended from time to time.
---------------------------------------------------------------------------
\4\ See Investment Company Release No. 34324 (July 7, 2021) 86
FR 36839 (July 13, 2021) (the Application) and 34351 (August 5,
2021) (the Exemptive Order) (File No. 812-15232).
\5\ See Investment Company Act Release No. 33683 (November 14,
2019), 84 FR 64140 (November 20, 2019) (the Fidelity notice of
application) and 33712 (December 10, 2019) (the Reference Order)
(File No. 812-14364).
---------------------------------------------------------------------------
Pursuant to the Reference Order, funds operating under such
Reference Order are required to publish a basket of securities and cash
that, while different from the fund's portfolio, is designed to closely
track its daily performance (i.e., the Tracking Basket). Further, it
provided that the Tracking Basket will solely consist of a combination
of (i) select recently disclosed portfolio holdings (``Strategy
Components''); (ii) liquid U.S. exchange-traded funds (``ETFs'') that
convey information about the types of instruments (that are not
otherwise fully represented by the Strategy Components) in which a fund
invests (``Representative ETFs''); and (iii) cash and cash equivalents.
On August 5, 2021, the Reference Order, and by incorporation the
Exemptive Relief, was amended to, among other things, permit the Issuer
to include select securities from which a Fund's investments are
selected such as a broad-based market index (``Investment Universe'')
in the Fund's Tracking Basket.\6\ Based on this change, the Exchange is
submitting this proposal to permit the Fund to include select
securities from the Investment Universe in the Fund's Tracking Basket.
Such an amendment will allow the Fund to utilize such provision in
accordance with the amended Reference Order and its Exemptive Relief
and the Exchange is updating the listing rule for the Shares
accordingly.
---------------------------------------------------------------------------
\6\ See Investment Company Act Release No. 34326 (July 9, 2021)
86 FR 37391 (July 15, 2021) (the Fidelity notice of application to
amend the Reference Order) and 34350 (August 5, 2021) (the order
granting the amendment to the Reference Order).
---------------------------------------------------------------------------
Pursuant to the Reference Order, the Fund and the Invesco US Large
Cap Core ETF and Invesco Real Assets ESG ETF \7\ (collectively, the
``Fidelity Model Funds'') create shares in return for a deposit by the
purchaser of, and redeem shares at a holder's request in return for, a
Tracking Basket or cash. Furthermore, the original filings to list and
trade shares of the Fidelity Model Funds provided that each of the
Fidelity Model Fund would create and redeem their shares using the
Tracking Basket or cash. The August 5, 2021 amendments to the Reference
Order allow the Fidelity Model Funds to create and redeem their shares
using cash, a Tracking Basket or a ``Custom Basket'', which is a
creation or redemption unit that differs from a fund's Tracking
Basket.\8\ Additionally, on September 28, 2021 the Commission approved
the Exchange's proposal to amend Exchange Rule 14.11(m) to provide for
the use of Custom Baskets consistent with each of the Fidelity Model
Funds respective exemptive relief.\9\
---------------------------------------------------------------------------
\7\ Similar to the Fund, the exemptive relief provided Invesco
US Large Cap Core ETF and Invesco Real Assets ESG ETF incorporates
by reference the terms and conditions of the same relief of the
Reference Order, as that order may be amended from time to time. See
Investment Company Act Release No. 34041 (October 1, 2020) 85 FR
63325 (October 7, 2020) (the application for exemptive relief) and
34076 (October 27, 2020) (the exemptive order, together with the
application for exemptive relief referred to as the ``Invesco
Exemptive Relief'') (File No. 812-15141). Further, the shares of the
Invesco US Large Cap Core ETF and Invesco Real Assets ESG ETF are
listed and traded on the Exchange. See Securities and Exchange Act
No. 90686 (December 16, 2020) 85 FR 83657 (December 22, 2020) (SR-
CboeBZX-2020-090) (Notice of filing and immediate effectiveness of a
proposed rule to list and trade shares of the Invesco Real Assets
ESG ETF and the Invesco US Large Cap Core ESG ETF, each a series of
the Invesco Actively Managed Exchange-Traded Fund Trust, under Rule
14.11(m) (Tracking Fund Shares)).
\8\ Supra note 6.
\9\ See Securities and Exchange Act No. 93147 (September 28,
2021) 86 FR 54772 (October 4, 2021) (SR-CboeBZX-2021-053) (Order
granting approval of a proposed rule to change to amend Rule
14.11(m) (Tracking Fund Shares) to provide the use of Custom Baskets
consistent with the exemptive relief issued pursuant to the
Investment Company Act of 1940 applicable to a series of Tracking
Fund Shares).
---------------------------------------------------------------------------
Now, the Exchange is submitting this proposal to modify
representations made in the original filing of each Fidelity Model Fund
that provided that creation and redemption will occur using the
Tracking Basket or cash. Specifically, the proposal would permit the
Fidelity Model Funds to use a Custom Basket, in addition to a Tracking
Basket or cash, to create or redeem their shares in accordance with
their respective exemptive relief and amended Exchange Rule
14.11(m).\10\ Accordingly, the issuers of each of the Fidelity Model
Funds each represent that it and any person acting on behalf of such
fund will comply with Regulation Fair Disclosure under the Act,\11\
including with respect to any Custom Basket. Each issuer also
represents that for each Custom Basket utilized by each Fidelity Model
Fund, each business day, before the opening of trading in Regular
Trading Hours (as defined in Rule 1.5(w)), the investment company shall
make publicly available on its website the composition of any
[[Page 15285]]
Custom Basket transacted on the previous business day, except a Custom
Basket that differs from the applicable Tracking Basket only with
respect to cash. Finally, the adviser and sub-adviser to each of the
Fidelity Model Funds each represent that a fire wall exists and will be
maintained between the respective personnel at each of (i) the adviser
and sub-adviser, and (ii) their respective affiliated broker-dealers
with respect to access to information concerning the composition and/or
changes to the applicable fund's portfolio, Tracking Basket, and/or the
Custom Basket, as applicable. Specifically, the adviser and the sub-
adviser each represent that the personnel who make decisions on the
applicable fund's portfolio composition, Tracking Basket, and/or Custom
Basket or who have access to nonpublic information regarding the Fund
Portfolio,\12\ Tracking Basket, and/or Creation Basket or changes
thereto are subject to procedures designed to prevent the use and
dissemination of material non-public information regarding such
portfolio, Tracking Basket, and/or Creation Basket. In the event that
(a) the adviser or a sub-adviser becomes registered as a broker-dealer
or newly affiliated with a broker-dealer; or (b) any new adviser or
sub-adviser is a registered broker-dealer or becomes newly affiliated
with a broker-dealer; it will implement and maintain a fire wall with
respect to its relevant personnel or such broker-dealer affiliate, as
applicable, regarding access to information concerning the composition
and/or changes to the Fund Portfolio, Tracking Basket, and/or Creation
Basket, and will be subject to procedures designed to prevent the use
and dissemination of material nonpublic information regarding such
portfolio, Tracking Basket, and/or Creation Basket. Any person or
entity, including any service provider for any of the Fidelity Model
Funds, who has access to nonpublic information regarding the Fund
Portfolio, Tracking Basket, and/or Creation Basket or changes thereto
for the Custom Basket Fund will be subject to procedures designed to
prevent the use and dissemination of material nonpublic information
regarding the Fund Portfolio, Tracking Basket or Creation Basket or
changes thereto. Further, any such person or entity that is registered
as a broker-dealer or affiliated with a broker-dealer, must have
erected and will maintain a ``fire wall'' between the person or entity
and the broker-dealer with respect to access to information concerning
the composition and/or changes to such Fund Portfolio, Tracking Basket,
or Creation Basket.
---------------------------------------------------------------------------
\10\ BZX has already modified the listing rules for the Invesco
US Large Cap Core ESG ETF and Invesco Real Assets ESG ETF to permit
each of the funds to include select securities from its respective
Investment Universe in the fund's Tracking Basket. See Securities
Exchange Act No. 93546 (November 9, 2021) 86 FR 63429 (November 16,
2021) (SR-CboeBZX-2021-075) (Notice of filing and immediate
effectiveness of a proposed rule change to reflect a modification to
the permitted components of the Tracking Baskets of the Invesco Real
Assets ESG ETF and Invesco US Large Cap Core ESG ETF).
\11\ 17 CFR 243.100-243.103. Regulation Fair Disclosure provides
that whenever an issuer, or any person acting on its behalf,
discloses material nonpublic information regarding that issuer or
its securities to certain individuals or entities--generally,
securities market professionals, such as stock analysts, or holders
of the issuer's securities who may well trade on the basis of the
information--the issuer must make public disclosure of that
information.
\12\ As defined in Rule 14.11(m)(3)(B), the term ``Fund
Portfolio'' means the identities and quantities of the securities
and other assets held by the Investment Company that will form the
basis for the Investment Company's calculation of net asset value at
the end of the business day.
---------------------------------------------------------------------------
Each of the Fidelity Model Funds will comply with the above-
described conditions as well as the conditions of the Reference Order,
as amended, and the Exchange is updating the listing rule for the
Shares accordingly. Except for the changes noted above, all other
representations made in prior filings for each Fidelity Model Fund \13\
remain unchanged and will continue to constitute continued listing
requirements for each of the Fidelity Model Funds. The Fidelity Model
Funds will also continue to comply with the requirements of Rule
14.11(m).
---------------------------------------------------------------------------
\13\ Supra notes 3 and 6.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
Act and the rules and regulations thereunder applicable to the Exchange
and, in particular, the requirements of Section 6(b) of the Act.\14\
Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \15\ requirements that the rules of
an exchange be 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 regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, 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 public interest.
---------------------------------------------------------------------------
\14\ 15 U.S.C. 78f(b).
\15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest. The proposed amendments would (i) permit the Issuer to
include select securities from the Fund's Investment Universe in the
Fund's Tracking Basket, and (ii) permit each of the Fidelity Model
Funds the use of Custom Baskets, as provided in the amended Reference
Order. The proposed rule change would permit the Fidelity Model Funds
to operate consistent with their respective exemptive relief, which
incorporates the Reference Order that may be amended from time to time.
The Exchange believes that the proposal to permit the Issuer to include
select securities from the Fund's Investment Universe in the Fund's
Tracking Basket raises no novel issues under the Act.\16\ Further, the
Exchange believes the proposal to permit the Fidelity Model Funds the
use of Custom Baskets is consistent with and contemplated by Rule
14.11(m), as amended, which the Commission found to be consistent with
the Act.\17\
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\16\ See Securities and Exchange Act No. 92946 (September 13,
2021) 86 FR 51941 (September 17, 2021) (SR-CboeBZX-2021-060) (Notice
of filing and immediate effectiveness of a proposed rule change to
reflect an Amendment to the Application and Exemptive Order
governing the following funds, shares of which are listed and traded
on the Exchange under BZX Rule 14.11(m): Fidelity Growth
Opportunities ETF, Fidelity Magellan ETF, Fidelity Real Estate
Investment ETF, Fidelity Small-Mid Cap Opportunities ETF, Fidelity
Blue Chip Value ETF, Fidelity Blue Chip Growth ETF, and Fidelity New
Millennium ETF). See also supra note 10.
\17\ Supra note 9.
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Except for the changes noted above, all other representations made
in the prior filings for each of the Fidelity Model Funds \18\ remain
unchanged and, as noted, will continue to constitute continuing listing
requirements for the Funds.
---------------------------------------------------------------------------
\18\ Supra notes 3 and 6.
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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 purpose of the Act. As noted, the proposed
amendments are intended to (i) permit the Issuer to include select
securities from the Fund's Investment Universe in the Fund's Tracking
Basket, and (ii) permit each of the Fidelity Model Funds the use of
Custom Baskets, as provided in the amended Reference Order. The
Exchange believes that these changes will not impose any burden on
competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange 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: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
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
[[Page 15286]]
19(b)(3)(A) of the Act \19\ and Rule 19b-4(f)(6) \20\ thereunder.\21\
---------------------------------------------------------------------------
\19\ 15 U.S.C. 78s(b)(3)(A).
\20\ 17 CFR 240.19b-4(f)(6).
\21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its 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 satisfied this requirement.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) \22\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\23\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may take effect upon filing. The Exchange represents that
the Funds will continue to comply with the requirements of BZX Rule
14.11(m). The Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest because the proposed rule change does not raise any new or
novel issues.\24\ Accordingly, the Commission waives the 30-day
operative delay and designates the proposal operative upon filing.\25\
---------------------------------------------------------------------------
\22\ 17 CFR 240.19b-4(f)(6).
\23\ 17 CFR 240.19b-4(f)(6)(iii).
\24\ See Securities Exchange Act Release Nos. 93147, supra note
9, and 93546, supra note 10.
\25\ For 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).
---------------------------------------------------------------------------
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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
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
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-CboeBZX-2022-016 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-CboeBZX-2022-016. This
file number should be included on the subject line if email 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 website (https://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 website 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 10:00 a.m. and
3:00 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2022-016 and should be submitted
on or before April 7, 2022.
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\26\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
Eduardo Aleman,
Assistant Secretary.
[FR Doc. 2022-05601 Filed 3-16-22; 8:45 am]
BILLING CODE 8011-01-P
